A/HRC/11/12 page 10 22. With growing concern over TRIPS implementation and its impact on access to medicines, several initiatives have been launched in recent years by countries, the private sector, charitable foundations and non-governmental organizations to increase access to existing medicines. However, these initiatives have not been sufficient to surmount the challenge of ensuring access to medicines.29 Developing countries and LDCs should be enabled to take steps to modulate the implementation of TRIPS on access to medicines including by encouraging competition and being able to access affordable generic versions of patented medicines. The next section of the report discusses TRIPS and more particularly the flexibilities that can enable developing countries and LDCs in this regard. II. AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) A. Background 23. TRIPS came into force along with the establishment of the World Trade Organization (WTO) in 1995. It was one of the most controversial agreements, as developed countries pushed for extensive IP protection and the harmonization of IP norms.30 Developing countries argued that extensive IP standards would hinder their development prospects as they were not well-equipped to reap the benefits of such standards. Developing countries eventually gave way, under the pressure of developed countries as they were ultimately dependent on them for trade. It has to be noted, however, that TRIPS was a compromise. The ultimate goal of developed countries was and is the universal harmonization of IP laws according to their standards. Therefore, post-TRIPS, they have continued to push for standards of IP protection through various free trade and multilateral trade agreements, which conform to standards in their countries. 24. TRIPS establishes minimum global standards for all major IP rights and sets rules for their enforcement.31 It marks a departure from the Paris Convention of 1883 as it ignores diversity of national needs and establishes patent protection for a minimum term of 20 years. The Paris Convention, and the subsequent agreements that built upon it, only required signatory States to adhere to the principles of non-discrimination, national treatment and priority. It gave countries sufficient flexibility to adapt their IP regime in light of their socio-economic needs and objectives and allowed States to exclude strategic sectors, such as the pharmaceutical and agrochemical industries, from patentability and to determine the length of protection. TRIPS is binding on all WTO member States and is legally enforceable through the Dispute Settlement Body, backed by sanctions. For most developing countries and LDCs, TRIPS implementation 29 World Health Assembly resolution WHA61.21, annex, para. 3 (Global strategy on public health, innovation and intellectual property). 30 See generally, J. Watal, Intellectual Property Rights in the WTO and Developing Countries, (Oxford University Press, 2001). 31 C. Deere, The Implementation Game: The TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries, (Oxford University Press, 2008).