WTO TRIPS Council activities relevant to the International Treaty on Plant Genetic Resources

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WTO TRIPS Council activities relevant to the
International Treaty on Plant Genetic Resources

• Presentation by
• Ms. Jayashree Watal,
• Counsellor, Intellectual Property Division, WTO
  Secretariat at UNCTAD meeting on the ITPGRFA
• 11 September 2002

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PRESENTATION OUTLINE

• Doha Mandate
• Background of discussions in TRIPS Council
• Review of Article 27.3(b)
• Relationship between the TRIPS Agreement and the
  CBD
• Protection of traditional knowledge and folklore
• Summing up

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DOHA MANDATE

• Paragraph 19 of the Doha Ministerial Declaration
• to examine the relationship between the TRIPS
  Agreement and the CBD and the protection of
  traditional knowledge and folklore.
• To be guided by Articles 7 and 8 and take fully
  into account the development dimension
• Pursuant to this mandate, the subjects of
• the relationship between the TRIPS Agreement and
  the CBD and
• the protection of traditional knowledge and
  folklore
• appear separately on the agenda of the TRIPS
  Council.
• Report to be made by the TRIPS Council to the TNC
  before the end of the year.

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BACKGROUND

• Articles 27.3(b) and 71.1 are part of the
  so-called built-in agenda.
• Specific issues relating to genetic resources,
  including plant genetic resources, has been under
  discussion under the review of Article 27.3(b)
  since 1999, although issues first raised in 1995
  in the CTE.
• Some of these issues raised by developing country
  Members under the Implementation set of issues

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REVIEW OF ARTICLE 27.3(B)

• IP/C/W/369
• Four main categories of views expressed with
  respect to the provisions relating to plant and
  animal inventions
• Differing views on the elements of a sui generis
  system for the protection of plant varieties
• Existence of FAO ITPGRFA noted in discussions.

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RELATIONSHIP BETWEEN TRIPS AND CBD

• IP/C/W/368
• Three categories of views on this issue
• Specific proposal on disclosure in patent
  applications of information on the origin of
  genetic resources and traditional knowledge on
  which invention is based

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PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE

• IP/C/W/370
• Major concerns
• Differing solutions
• Different forums
• Farmers rights - most directly related to the
  ITPGRFA

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TO SUM UP...

• Pursuant to Doha mandate, three separate agenda
  items included in TRIPS Council of relevance to
  the ITPGRFA.
• However, these subjects have been under
  discussion in the Council since 1999 and in the
  WTO even before this.
• There are specific relevant issues being
  discussed under these agenda items on which a
  report has to be submitted to the TNC by the end
  of this year.