The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), established by the World Trade Organization (WTO), serves as a cornerstone of global intellectual property (IP) governance. Encompassing areas such as patents, copyrights, trademarks, and geographical indications, TRIPS holds profound implications for trade, innovation, and socio-economic development. For a diverse and rapidly evolving economy like India, this agreement has presented both opportunities and considerable challenges. This paper critically assesses the impact of TRIPS on India’s economy, focusing on its effects across key sectors including pharmaceuticals, agriculture, traditional knowledge, and digital innovation. It also examines India’s legislative adaptations and strategic use of TRIPS flexibilities, such as compulsory licensing and patent opposition, to safeguard national interests and public welfare. Special attention is given to India's policy mechanisms like the Protection of Plant Varieties and Farmers’ Rights Act (2001) and the Traditional Knowledge Digital Library (TKDL), which aim to align domestic priorities with international obligations. The global health emergency posed by the COVID-19 pandemic, and the resulting debates around vaccine patents, have further intensified scrutiny of IP regimes. These developments have reenergized discourse on the balance between incentivizing innovation and ensuring equitable access to essential goods. Against this backdrop, this study presents forward-looking policy recommendations for crafting an inclusive, adaptive, and India-centric IP framework capable of meeting contemporary economic and technological challenges.
Iram Hashmi (Wed,) studied this question.