Intellectual Property, Bilateral Agreements and Sustainable Development: A STRATEGY NOTE

The document argues that the US uses bilateral and regional free trade agreements (FTAs) to implement "TRIPS-plus" intellectual property standards that undermine the 2001 Doha Declaration on TRIPS and Public Health. These provisions—including data exclusivity, patent term extensions, and restrictions on compulsory licensing—increase drug prices and delay generic competition, thereby hindering access to essential medicines in developing countries. The author suggests that civil society should raise public awareness in both negotiating countries and the US, engage ministries of health, and advocate for a WTO moratorium on TRIPS-plus provisions. Furthermore, the paper argues for shifting the global discourse from intellectual property protection to a health-needs-driven R&D model, citing evidence that high IP standards have not significantly boosted research for diseases predominantly affecting the developing world.

• The US utilizes bilateral and regional free trade agreements (FTAs) to implement "TRIPS-plus" provisions that effectively dismantle the achievements of the 2001 Doha Declaration on TRIPS and Public Health.
• Specific TRIPS-plus measures identified as detrimental to medicine access include data exclusivity for clinical test data, patent term extensions beyond 20 years, the patenting of known substances for new uses, and restrictions on the use of compulsory licenses.
• There is a lack of evidence that implementing the TRIPS Agreement in developing countries has significantly increased pharmaceutical R&D for Type II and Type III diseases, as market incentives remain the primary driver.
• Research indicates a crisis in innovation where high IP protection has not led to breakthroughs for neglected diseases; for example, between 1975 and 2004, only 1.3% of new chemical entities marketed globally were for tuberculosis and tropical diseases, despite these representing 12% of the disease burden.
• The author recommends that civil society groups focus on immediate actions such as briefing ministers of health and drug regulatory agencies, and raising awareness within the US to pressure the government from within its own territory.
• Long-term strategies proposed include campaigning for a WTO moratorium on new bilateral and regional trade agreements that contain IP provisions contrary to the Doha Declaration.

APA

Hoen, E. ‘. (2007). Intellectual Property, Bilateral Agreements and Sustainable Development: A STRATEGY NOTE. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/IP_StrategyNote_Apr07.pdf

Chicago

Hoen, Ellen ‘t. Intellectual Property, Bilateral Agreements and Sustainable Development: A STRATEGY NOTE. Center for International Environmental Law, 2007. https://www.ciel.org/wp-content/uploads/2015/03/IP_StrategyNote_Apr07.pdf.

Wikipedia

{{cite report |last1=Hoen |first1=Ellen ‘t |title=Intellectual Property, Bilateral Agreements and Sustainable Development: A STRATEGY NOTE |publisher=Center for International Environmental Law |date=April 2007 |url=https://www.ciel.org/wp-content/uploads/2015/03/IP_StrategyNote_Apr07.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{hoen2007intellectual, author = {Hoen, Ellen ‘t}, title = {{Intellectual Property, Bilateral Agreements and Sustainable Development: A STRATEGY NOTE}}, institution = {Center for International Environmental Law}, year = {2007}, month = apr, url = {https://www.ciel.org/wp-content/uploads/2015/03/IP_StrategyNote_Apr07.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }