A/HRC/11/12 page 23 73. In addition, article 27 (3) (b) of TRIPS also allows members to exclude plants and animals from patentability as long as some sui generis system of protection for plant varieties is put in place. Some FTAs however, look to enhance patent protection for plants and animals, which can have an impact on access to medicine.82 74. Some FTAs also restrict procedural flexibilities, such as prohibiting pre-grant opposition procedures. Still others seek to limit the grounds on which compulsory licences can be issued.83 C. TRIPS-plus standards in the area of patent law in free trade agreements (FTAs) 75. TRIPS-plus provisions in FTAs differ from agreement to agreement, but their purposes are by and large to: • Extend the patent term • Introduce data exclusivity • Introduce patent linkage with drug registration and approval • Create new enforcement mechanisms for IPRs 1. Patent term extensions 76. TRIPS provides for a 20-year patent protection term, starting from the date of filing the patent application. It should be noted that prior to TRIPS, developing countries only allowed 5-10 year patent protection while developed countries allowed 15-17 years.84 77. Several FTAs require an extension of the patent term for pharmaceutical products under certain circumstances.85 The extension of patent life in developing countries and LDCs can significantly impact the ability of patients to access medicines, and may pose a burden for national health budgets. For instance, it has been estimated that the three-year patent extension 82 Article 15.9 (2) United States-Morocco FTA. 83 United States-Singapore FTA, and draft United States-Thailand FTA. 84 See footnote 30 above, p. 114. 85 The United States-Jordan FTA, which requires a term extension for delays in marketing approval but not for patent grant procedures, is an exception. However, most United States negotiated FTAs require extension to “compensate the patent holder for unreasonable curtailment of the effective patent term” due to delays in the marketing approval of the medicines and the examination of the patent.