Case I—Analyzing a complex multilateral negotiation: The TRIPS public health declaration

Abstract

On November 14, 2001, trade ministers from around the world approved the Declaration on the TRIPS Agreement and Public Health (“Public Health Declaration”) at the end of the Fourth World Trade Organization (WTO) Ministerial Conference in Doha, Qatar. The Public Health Declaration was the product of months of negotiations—described in this case—examining the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) and its impact on the public health sector. Developing nations, confronted with emergencies like the AIDS crisis, encouraged the adoption of an approach to the TRIPS Agreement that would provide them with a greater degree of flexibility when dealing with matters related to public health. A bloc of developed nations, led by the United States, urged a more cautious reading of the TRIPS Agreement, emphasizing that patent protection was necessary for providing incentives to create new drugs. The Public Health Declaration reflected a consensus view that the TRIPS Agreement should be construed by governments in a way that supports the realization of their public health goals.