WTO TRIPS Moratorium Expires: Uncertainty Looms for Developing Nations

• WTO members failed to reach consensus on extending the moratorium on non-violation complaints (NVCs) under the TRIPS Agreement at MC14.
• The moratorium, in place since 1995, has now expired, creating immediate uncertainty and potential for new disputes.
• NVCs allow countries to file disputes even without a rule violation if an expected benefit is deprived due to another government's action.
• Developing countries like India and Brazil fear misuse of NVCs could undermine policy flexibilities, such as compulsory licensing and public health measures.
• India's Section 3(d) of the Patents Act, preventing 'ever-greening' of drugs, could face challenges, impacting medicines, agriculture, and biotechnology.