Thirty Years of the TRIPS Agreement

In 2025, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement turns 30 — a milestone worth marking for anyone involved in plant breeding and agricultural innovation. For the seed sector, TRIPS has shaped the legal and economic landscape in which new plant varieties are developed, protected, and traded. As we look back, it’s a timely moment to reflect on its history, purpose, and how it continues to influence our sector — particularly through Article 27.3(b).

The agreement was concluded in 1994 as part of the Uruguay Round and became one of the cornerstones of the newly formed World Trade Organization (WTO) in 1995. It was the first international agreement to set binding, minimum standards for the protection and enforcement of intellectual property rights (IPRs) across all WTO members.

The aim was to reduce distortions in global trade by harmonizing IP rules and creating greater legal certainty for innovators and investors. TRIPS introduced common rules for areas like patents, trademarks, copyrights, and industrial designs — and it linked these rules to the WTO’s dispute settlement system, giving them unprecedented enforcement power.

Its overarching goal is to promote innovation and the transfer of technology, while ensuring that the protection of intellectual property contributes to social and economic welfare. Importantly, the agreement also includes flexibilities — for example, in the way countries can design protection systems for certain subject matter, including plant varieties.

For the seed and plant breeding sector, Article 27.3(b) is one of the most relevant — and distinctive — parts of the TRIPS Agreement. It allows countries to exclude plants and animals (other than microorganisms) from patentability but requires them to provide protection for plant varieties, either through patents, an effective sui generis system, or a combination of both.

– Many countries, including those in the EU, exclude plant varieties from patent protection, and have opted for the sui generis system of plant variety protection (PVP) based on the UPOV Convention, which provides a harmonized framework for breeders’ rights.