ip_ftaa_spanish_oct03-c2230154137b2656.pdf

This research paper by the Center for International Environmental Law analyzes the Intellectual Property Rights (IPR) chapter of the draft Free Trade Area of the Americas (FTAA) agreement. The author argues that the draft represents a 'TRIPS-plus' approach that increases protection levels beyond the WTO's TRIPS Agreement, thereby reducing the regulatory flexibility of developing countries to address public health, food security, and sustainable development.

• The author contends that the draft IPR chapter of the FTAA is a risk rather than an opportunity for sustainable development, as it imposes 'TRIPS-plus' standards that limit the ability of countries to protect the public interest.
• The draft FTAA agreement would mandate the adoption of 'regional exhaustion' within five years of the agreement's entry into force, removing the flexibility currently allowed under the TRIPS Agreement for countries to determine when a right holder's control over a product ends.
• The draft FTAA expands patent scope to include all biological material obtained through the multiplication or propagation of a patented product or process, which threatens the ability of countries to exclude plants and animals from patentability.
• The draft FTAA restricts the use of compulsory licenses to only those granted for non-commercial public interest reasons or in cases of national emergency/extreme urgency, which is more restrictive than the TRIPS Agreement and the Doha Declaration.
• While the draft FTAA includes articles on genetic resources, traditional knowledge, and folklore—areas requested by developing countries—these sections remain bracketed and lack consensus among members.
• The author notes a trend where bilateral trade agreements (such as those between the US and Jordan, Chile, or Singapore) are used to implement 'TRIPS-plus' standards, bypassing multilateral consensus and eroding the regulatory freedom of developing nations.

APA

Center for International Environmental Law (n.d.). ip_ftaa_spanish_oct03-c2230154137b2656.pdf. https://www.ciel.org/wp-content/uploads/2015/05/IP_FTAA_Spanish_Oct03.pdf

Chicago

Center for International Environmental Law. ip_ftaa_spanish_oct03-c2230154137b2656.pdf. n.d. https://www.ciel.org/wp-content/uploads/2015/05/IP_FTAA_Spanish_Oct03.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=ip_ftaa_spanish_oct03-c2230154137b2656.pdf |url=https://www.ciel.org/wp-content/uploads/2015/05/IP_FTAA_Spanish_Oct03.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndipftaaspanishoct03c2230154137b2656pdf, author = {{Center for International Environmental Law}}, title = {{ip\_ftaa\_spanish\_oct03-c2230154137b2656.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/05/IP_FTAA_Spanish_Oct03.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }