REVIEW OF ARTICLE 27.3(B)

The document argues that strong intellectual property rights over life-forms may hinder development in developing countries by creating barriers to investment, innovation, and competition. It asserts that Article 27.3(b) allows for flexible 'sui generis' systems for plant variety protection and highlights potential legal conflicts between the TRIPS Agreement and the Convention on Biological Diversity (CBD).

• Strong intellectual property rights over life-forms may negatively impact developing countries by shifting resources from the public to the private domain and retarding market competition, investment, and technological innovation.
• The document argues that patents are not the sole driver of investment; other factors such as research infrastructure and skilled labor are critical, and some developed countries have used subsidies to spur biotechnology growth.
• Broad patents in biotechnology can stifle innovation by creating 'patent portfolios' that block follow-on research and force firms to spend disproportionate revenues on litigation.
• The consolidation of the agricultural and medical biotechnology industries has led to a few global firms exercising disproportionate control over the world's food system and access to new technologies.
• Article 27.3(b) provides Members with the flexibility to implement 'sui generis' systems for plant variety protection that are not bound to the UPOV 78 or 91 systems, allowing for the protection of farmers' rights and traditional knowledge.
• There is a potential conflict between the TRIPS Agreement and the Convention on Biological Diversity (CBD) as both address intellectual property and biological diversity, but they lack a clear mechanism to resolve contradictions.

APA

Stilwell, M. (2001). REVIEW OF ARTICLE 27.3(B). Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/Article273b_Review.pdf

Chicago

Stilwell, Matthew. REVIEW OF ARTICLE 27.3(B). Center for International Environmental Law, 2001. https://www.ciel.org/wp-content/uploads/2015/03/Article273b_Review.pdf.

Wikipedia

{{cite report |last1=Stilwell |first1=Matthew |title=REVIEW OF ARTICLE 27.3(B) |publisher=Center for International Environmental Law |date=June 2001 |url=https://www.ciel.org/wp-content/uploads/2015/03/Article273b_Review.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{stilwell2001review, author = {Stilwell, Matthew}, title = {{REVIEW OF ARTICLE 27.3(B)}}, institution = {Center for International Environmental Law}, year = {2001}, month = jun, url = {https://www.ciel.org/wp-content/uploads/2015/03/Article273b_Review.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }