30 years of the TRIPS Agreement: an unwa(i)vering balance?

In the 30 years since its conclusion on 15 April 1994, the TRIPS Agreement has gone in and out of favour with the international IP community, undergone robust debate, and weathered many criticisms. This presentation will discuss how the stated objective of the TRIPS Agreement – that IP protection "should contribute to … the mutual advantage of producers and users of technological knowledge and … to a balance of rights and obligations" – is enshrined in its substantive protection standards, and has enabled balanced outcomes of recent and current TRIPS disputes and policy debates, focussing on the examples of the Tobacco Plain Packaging disputes; the TRIPS waiver discussions; and the role of TRIPS rules on the disposal of infringing goods in the context of the sustainability considerations.