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Regional Observatory · Access to Medicines

TRIPS-plus in
Latin America

Free trade agreements signed with the US, EU and other partners introduce obligations beyond the WTO TRIPS Agreement, limiting the policy space countries can use to protect public health and ensure access to medicines. The contrast between countries with TRIPS-plus FTAs and those without (Brazil, Argentina) illustrates the real impact of these provisions.

12
countries analyzed
6
TRIPS-plus provisions mapped
7
high-risk countries
5
TRIPS flexibilities under pressure

Regional comparison

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What are TRIPS-plus provisions?

The TRIPS Agreement (WTO) sets minimum IP standards. Bilateral FTAs — especially those negotiated with the US — include obligations that go beyond those minimums, restricting the policy space countries have to implement public health safeguards.

The main categories are: (1) extended test data protection, (2) facilitation of patent evergreening, (3) patent-registration linkage, (4) restrictions on compulsory licenses, and (5) investor-state dispute (ISDS) mechanisms that can be used to challenge health policies. Brazil and Argentina, without US FTAs, show what is possible when policy space is preserved.

Detailed view

TRIPS-plus matrix

Detailed map of which provisions apply in each country and under which agreement.

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Quick advocacy questions

⚖️
Test data vs. access
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Doha Declaration
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ISDS risk for health policy
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Activating compulsory licenses
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Brazil / Argentina model
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New FTA negotiation watchpoints

Reference resources

• Doha Declaration (2001)

• MSF Access to Medicines

• OXFAM — Patents vs Patients

• HAI Latin America

ITPC MMA ↗

• UN Special Rapporteur — Health

Reference

Technical glossary

Key concepts for understanding TRIPS-plus provisions and TRIPS flexibilities. Click each term to expand.

Civil society tools

Advocacy points

Arguments and documented strategies for defending access to medicines in FTA negotiation and ratification contexts.