The 1999 WTO Review of Life Patenting Under TRIPS

The document outlines public interest concerns regarding the expansion of intellectual property rights, specifically the 1999 WTO review of Article 27.3(b) of the TRIPS Agreement. It argues against requiring WTO members to recognize patents on plants and animals, citing risks to biodiversity, indigenous rights, and market competition. The author contends that the current system favors industrialized nations and corporate interests, calling for a more democratic, socially managed approach to intellectual property that considers ethical and environmental impacts before further expanding patent requirements.

• The TRIPS Agreement currently allows WTO members discretion regarding patents on plants and animals, as Article 27.3(b) does not require their recognition, though it does mandate patents for modified microorganisms and 'microbiological processes'.
• The United States is expected to push the WTO to remove the discretion provided by Article 27.3(b) in 1999 to require mandatory patents on plants and animals, a move potentially supported by the European Union following its 1998 decision to extend patents to life forms.
• Expanding life patenting could hinder the implementation of Article 8(j) of the Convention on Biological Diversity, which focuses on protecting the traditional knowledge and practices of indigenous and local communities.
• Overly broad biotechnology patents, particularly in the United States, may stifle innovation and negatively impact consumer health and welfare, suggesting other nations should adopt a 'wait-and-see' approach.
• There is a policy imbalance within the WTO because the TRIPS Agreement provides strong intellectual property protections without corresponding international competition disciplines to prevent market abuses, a gap attributed to US opposition.
• The extension of TRIPS to life patenting would likely increase the transfer of revenues from developing to industrialized nations and reduce access to essential products like pharmaceuticals for poor populations.
• Life patenting presents environmental risks by incentivizing monocultures and the use of expensive chemical inputs like fertilizer, while also raising ethical concerns regarding the commodification of the 'structure of life itself'.
• The document recommends that the WTO involve other international bodies, including UNESCO, the World Health Organization, and the World Intellectual Property Organization, and include citizens' groups in intellectual property discussions.

APA

Center for International Environmental Law (1998). The 1999 WTO Review of Life Patenting Under TRIPS. https://www.ciel.org/wp-content/uploads/2015/03/WTOReviewofLPunderTRIPS.pdf

Chicago

Center for International Environmental Law. The 1999 WTO Review of Life Patenting Under TRIPS. 1998. https://www.ciel.org/wp-content/uploads/2015/03/WTOReviewofLPunderTRIPS.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=The 1999 WTO Review of Life Patenting Under TRIPS |date=November 1998 |url=https://www.ciel.org/wp-content/uploads/2015/03/WTOReviewofLPunderTRIPS.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw19981999, author = {{Center for International Environmental Law}}, title = {{The 1999 WTO Review of Life Patenting Under TRIPS}}, institution = {Center for International Environmental Law}, year = {1998}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2015/03/WTOReviewofLPunderTRIPS.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }