The 2002 Doha Declaration confirmed that the TRIPS agreement should not prevent members from taking the necessary steps to protect public health. Despite this recognition, less developed countries have argued that flexible TRIPS provisions, such as mandatory licensing, are almost impossible to obtain. The least developed countries, in particular, have made their young domestic manufacturing and technological industries proof of the infallible policy. In addition to the basic intellectual property standards set out in the TRIPS agreement, many nations have committed to bilateral agreements to adopt a higher level of protection. This collection of standards, known as TRIPS or TRIPS-Plus, can take many forms.  One of the general objectives of these agreements is that the controversial TRIPS agreement, which incorporated IP rights into the trade debate in 1995, already offers flexibilities that countries can use to meet public health needs. A little history would be relevant here. An agreement reached in 2003 relaxed domestic market requirements and allows developing countries to export to other countries with a public health problem as long as exported drugs are not part of a trade or industrial policy.  Drugs exported under such regulations may be packaged or coloured differently to prevent them from affecting the markets of industrialized countries. 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”. As Shaila Seshia notes, TRIPS came into force on 1 January 1995 and expanded the scope of intellectual property rights (IDR) in plant varieties.