Measuring TRIPS Compliance and Defiance: The WTO Compliance Scorecard

Abstract

This Article proposes the tabulation of a TRIPS Compliance Scorecard measuring a country’s attempt to correct any treaty violation that a WTO panel or the Appellate Body has found against the country. The scorecard can provide greater transparency and attention to member compliance with WTO treaty obligations, and it would enable greater cross-country comparisons. Part I surveys the number of IP disputes brought before the WTO since its inception (2005 to 2011), with particular focus on those disputes that culminated in a panel or Appellate Body decision. Part II proposes the WTO’s adoption of a TRIPS Compliance Scorecard that will keep track of a country’s response to correct its violation. Two alternative methods are offered – a simple and a complex score to track the violating country’s response. Scorecards are computed for WTO countries under both methods; in both cases, the U.S. ends up with the lowest score in 2011. Part III discusses other measures that can be adopted alongside the TRIPS Compliance Scorecard, including computing scorecards for countries’ compliance in all other WTO disputes and the possibility of imposing procedural penalties on countries with low compliance scores. Part IV addresses objections.

Keywords: TRIPS Agreement, WTO, Scorecards, Transparency, Good Governance, GATT, Trade Agreements