The agreement on the use of compulsory licences through the implementation decision and protocol in production sites without production capacity appears to be a more important step in the right direction. It seems, however, that during the negotiations on the implementation of paragraph 6, the desire of rich countries to participate constructively in the search for an appropriate resolution has waned.42 Inevitably, as is often the case with international agreements of this type, TRIPS, the Doha Declaration and its continuation were political compromises that did not necessarily correspond to the original intentions. Nevertheless, it is argued here that these mechanisms should not yet be completely abandoned, if not at all, because of the lack of other options available to fill this gap. On the other hand, all countries with production capacity should make urgent efforts to implement legislation in accordance with the protocol. Article 63.2 of the ON TRIPS agreement stipulates that members must disclose laws and regulations relating to the purpose of the agreement (availability, scope, acquisition, enforcement and prevention of abuse of intellectual property rights). The TRIPS agreement is part of the only obligation arising from the Uruguay Round negotiations. This means that the TRIPS agreement applies to all WTO members. It also means that the provisions of the agreement are subject to the WTO`s integrated dispute settlement mechanism, which is contained in the Dispute Settlement Rules and Procedures Agreement. Each country must ensure that its laws comply with the obligations of the agreement, in accordance with the timetable set out in the agreement. Most of them must legislate to implement the obligations. With the TRIPS agreement, intellectual property rights have been integrated into the multilateral trading system for the first time and remains the most comprehensive multilateral IP agreement to date.

In 2001, developing countries, fearing that developed countries had insisted on too narrow a reading of the TRIPS trip, launched a series of discussions that culminated in the Doha Declaration. The Doha Declaration is a WTO DECLARATION that clarifies the scope of the TRIPS agreement, which states, for example, that TRIPS can and should be interpreted in light of the objective of “promoting access to medicines for all”. The WTO is a forum for continued negotiations to strengthen intellectual property obligations, as in other areas covered by WTO agreements. However, members may choose to implement laws that offer broader protection than the agreement provides, provided that the additional protection is not contrary to the provisions of the agreement. Since the TRIPS agreement came into force, it has been criticized by developing countries, scientists and non-governmental organizations.