R. Neethu, Sovereign trusteeship and multilateral protection of intellectual property rights

TRIPS established a minimum standard of intellectual property rights to be adopted by the member states along with an obligation that mandates mutual recognition of domestic laws which offer the minimum standards of protection. The evolution of this regime has led to concerns over sovereign discretion in matters of domestic importance such as health, food security and education. In the current framework of IP legal pluralism, States must possess an active regulatory discretion, particularly in ensuing that exclusive monopoly rights are not pursued at the cost of its citizens in matters relating to essential needs of their life. In doing so, States must also give due respect to the concerns of global welfare

Published in Journal of Intellectual Property Law & Practice, 2014