THE WHO & INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS

This statement from the Center for International Environmental Law argues that the World Health Organization (WHO) must actively analyze and intervene in the intellectual property (IP) provisions of bilateral and regional free trade agreements (FTAs). The document asserts that these agreements often impose standards that exceed the TRIPS Agreement, potentially undermining the Doha Declaration on TRIPS and Public Health and restricting access to affordable medicines in developing countries.

• The Doha Declaration on TRIPS and Public Health, marking its 5th anniversary on November 14th, 2006, established that the TRIPS Agreement should be implemented to protect public health and promote universal access to medicines.
• Bilateral and regional free trade agreements (FTAs) are threatening to reverse the progress of the Doha Declaration by implementing IP provisions that exceed TRIPS requirements, specifically targeting pharmaceutical products, processes, biotechnological products, and animals.
• US FTAs specifically include provisions that limit the application of the Doha Declaration and other flexibilities, such as banning parallel importation, restricting compulsory licensing, extending patent terms, and requiring exclusivity of test data.
• There is a risk that the 2005 Amendment to TRIPS, which allows countries with insufficient manufacturing capacity to import pharmaceuticals under compulsory license, will be rendered worthless if a few middle-income countries with manufacturing capacity (such as Brazil, India, China, and South Africa) sign FTAs with restrictive IP provisions.
• The WHO should be extensively consulted and involved in evaluating the public health impacts of FTA IP provisions, despite calls for the organization to defer to the WTO, because the WHO is the primary international body for health and regulatory standards.

APA

Center for International Environmental Law (n.d.). THE WHO & INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS. https://www.ciel.org/wp-content/uploads/2015/03/WHO_Submission_27Nov06.pdf

Chicago

Center for International Environmental Law. THE WHO & INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS. n.d. https://www.ciel.org/wp-content/uploads/2015/03/WHO_Submission_27Nov06.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=THE WHO & INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS |url=https://www.ciel.org/wp-content/uploads/2015/03/WHO_Submission_27Nov06.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallawndwho, author = {{Center for International Environmental Law}}, title = {{THE WHO \& INTELLECTUAL PROPERTY IN BILATERAL FREE TRADE AGREEMENTS}}, publisher = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/WHO_Submission_27Nov06.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }