The WHO Intellectual Property in Bilateral Free Trade Agreements

This report discusses the World Health Organization's (WHO) role in addressing the impact of intellectual property and trade policies on public health, specifically highlighting how bilateral and regional free trade agreements (FTAs) may undermine the public health protections established by the Doha Declaration.

• The World Health Organization (WHO) views intervention in policy discussions regarding intellectual property and trade as part of its mandate because pharmaceuticals and treatment regimes are central to public health delivery, and policies affecting their affordability directly impact health outcomes.
• The protections for public health established by the Doha Declaration, which stated that the TRIPS Agreement should not hinder measures to protect public health, are being threatened by an increase in bilateral and regional free trade agreements (FTAs). These FTAs often contain extensive intellectual property provisions that limit the ability of countries to access low-cost medicines and use TRIPS flexibilities.
• There has been a significant rise in FTAs with extensive intellectual property provisions over the five years following the Doha Declaration, primarily between industrialized economies and developing countries. The US has concluded FTAs with 10 partners and is negotiating with 8 more. The EU has concluded FTAs with South Africa, Mexico, and Chile, and is negotiating with the Gulf Cooperation Council, Mercosur, and the African, Caribbean and Pacific (ACP) group.

APA

Shabalala, & Bernasconi (2006). The WHO Intellectual Property in Bilateral Free Trade Agreements. Center for International Environmental Law. https://www.ciel.org/reports/the-who-intellectual-property-in-bilateral-free-trade-agreements-shabalala-bernasconi-november-2006-2/

Chicago

Shabalala, and Bernasconi. The WHO Intellectual Property in Bilateral Free Trade Agreements. Center for International Environmental Law, 2006. https://www.ciel.org/reports/the-who-intellectual-property-in-bilateral-free-trade-agreements-shabalala-bernasconi-november-2006-2/.

Wikipedia

{{cite report |last1=Shabalala |last2=Bernasconi |title=The WHO Intellectual Property in Bilateral Free Trade Agreements |publisher=Center for International Environmental Law |date=1 November 2006 |url=https://www.ciel.org/reports/the-who-intellectual-property-in-bilateral-free-trade-agreements-shabalala-bernasconi-november-2006-2/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{shabalala2006who, author = {Shabalala and Bernasconi}, title = {{The WHO Intellectual Property in Bilateral Free Trade Agreements}}, institution = {Center for International Environmental Law}, year = {2006}, month = nov, url = {https://www.ciel.org/reports/the-who-intellectual-property-in-bilateral-free-trade-agreements-shabalala-bernasconi-november-2006-2/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }