Affordable Innovation In South Asia Vis-À-Vis Trips Flexibilities: With Special Reference To SDGs
- IJLLR Journal
- 2 hours ago
- 2 min read
Mr. Omkar Mahapatra, PhD Scholar, KIIT School of Law, KIIT University, Bhubaneswar, Odisha
Ms. Angelina Bernard, Advocate, Calcutta High Court, Kolkata
ABSTRACT
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was conceptualised with one major objective: to balance the interests of right-holders with broader public welfare, particularly in developing and least-developed countries. TRIPS includes flexibilities like compulsory licensing, parallel importation, transition periods, exceptions and limitation, etc. These flexibilities are especially significant for South Asian countries, where access to essential technologies remains a vital developmental challenge. They serve as critical legal tools using which countries can tailor their IP regimes revolving around their own priorities. Many South Asian countries still suffer from high disease rates, technological dependence, exploitation, and climate change repercussions. For countries like India, Nepal, Sri Lanka, Bangladesh and Pakistan to achieve the Sustainable Development Goals (SDGs) by 2030, TRIPS flexibilities are really crucial. Yet, the regional practice remains uneven, contested, and influenced by external trade pressures and TRIPS-Plus commitments.
Our paper examines how selected South Asian jurisdictions have employed TRIPS flexibilities to promote affordable innovation and secure access to essential technologies in sectors like public health, agriculture, and clean energy. It asks three interrelated questions: First- in what ways have South Asian countries used TRIPS flexibilities in their national IP laws and policy frameworks to advance SDG objectives, particularly SDG 3 (Good health and well-being), SDG 2 (Zero hunger), SDG 9 (Industry, innovation and infrastructure), SDG 10 (Reduced inequalities), and SDG 13 (Climate action)? Second- what legal, political, and economic constraints have limited the effective use of these flexibilities? Third- how can regional cooperation be re-imagined to strengthen TRIPS implementation in South Asia?
Methodologically, our paper adopts mix of a doctrinal and comparative approach. It analyses relevant TRIPS provisions along with national IP statutes, case laws, and policy instruments from selected South Asian countries, followed by illustrative case studies. The analysis contains wider debates on global IP governance, including the growing importance of TRIPS-plus obligations in bilateral and regional trade agreements, and their potential to undermine the intentions of the original provisions given under TRIPS.
The paper highlights some of the problems faced by the region, including inconsistent implementation, regulatory uncertainty, capacity constraints in IP administration, and external diplomatic and commercial pressure, which have essentially bottlenecked the potential of flexibilities for inclusive and sustainable development. At the same time, instances of successful implementation reveal how well-made legislations and coordination between institutions can expand access to essential medicines and technologies, and boost local manufacturing.
By mapping these patterns, our paper seeks to contribute both to academia and policy. It proposes a set of practically-doable recommendations for South Asian nations to more effectively include TRIPS flexibilities in their IP ecosystems, enhance regional collaboration, and engage more assertively in global negotiations.
Keywords: TRIPS Flexibilities, South Asia, Sustainable Development Goals, Innovation, IP Governance.
