International Dispute Settlement and Evolution of Minimum Standards of Intellectual Property Rights in International Law

Abstract

An overlook across the various WTO disputes concerning intellectual property reveals that disputes have either seen mutually acceptable solutions without invoking the available options of mediation or good offices of the WTO Director General or have been contested before the panel and Appellate Body. With the latter being defunct there is an increased need for strengthening the faith in the multilateral trading system by incorporating relevant legal regimes available within other international organizations particularly the WIPO which can protect the interests of developed and developing States vis-a-vis intellectual property rights in light of the COVID-19 pandemic. The paper argues that the discourse of minimum standards of protection of intellectual property which originated in the TRIPS Agreement will eventually be influenced by the abovesaid developments within and without the WTO.