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Article 27.3(b), Traditional Knowledge, Convention on Biological Diversity | Public Health | Geographical Indications |
Technology Transfer
| Article 71.1 | Non-violation

Related to article 27-3 (b), Traditional Knowledge, Convention on Biological Diversity For documents submitted in 2006 | 2005-2004 | 2003-2002 | |1999-1998

Source:

The Secretariat

Title:

Compilation of Outstanding Implementation Issues raised by member States

Content /
Proposals:

Amongst others, discussed outstanding issues pertaining to TRIPS

 

Date:

Oct 2001 

Reference:

Link to the document

 

Country:

Australia 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights 

Content /
Proposals:

Review of Article 27.3(b).

 

Date:

2 Oct 2001 

Reference:

IP/C/W/310

 

Country:

Czech Republic

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Information from Members - Supplement - Czech Republic

Content /
Proposals:

Patent system. Plant variety protection systems. 

 

Date:

18 Sep 2001

Reference:

IP/C/W/125/Add.8/Suppl.1

 

Country:

Thailand 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Information from Members - Thailand - Addendum

Content /
Proposals:

A. Patent protection of plant and animal inventions. B. Protection of plant varieties. 

 

Date:

10 Aug 2001 

Reference:

IP/C/W/125/Add.22

 

Countries:

Hong Kong and China

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Information from Members - Addendum - Hong Kong, China 

Content /
Proposals:

A. Patent system. B. Plant variety protection systems 

 

Date:

10 Jul 2001 

Reference:

IP/C/W/125/Add.21 

 

Country:

Estonia 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Information from Members - Addendum - Estonia 

Content /
Proposals:

Patent system questions. Plant variety protection systems. 

 

Date:

2 Jul 2001 

Reference:

IP/C/W/125/Add.20 

 

Country:

Norway 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of article 27.3(b) of the TRIPS agreement: the relationship between the TRIPS agreement and the Convention on Biological Diversity 

Content /
Proposals:

TRIPS/CBD: interaction but no legal conflict. Developed countries should provide technological assistance to developing countries. Benefit-sharing system should be established. Sui generis should be flexible. Consider disclosure of origin provision for TRIPS. 

 

Date:

29 Jun 2001 

Reference:

IP/C/W/293 

 

Organisation:

WIPO 

Title:

Committee on Trade and Environment - The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore - First Session, Geneva, 30 April - 3 May 2001 - Submission by the World Intellectual Property Organization (WIPO) 

Content /
Proposals:

I. Introduction. II. The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. III. Conclusions. 

 

Date:

21 Jun 2001 

Reference:

IP/C/W/297 

 

Country:

Switzerland

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of article 27.3(b): the view of Switzerland

Content /
Proposals:

Review to focus on scope of patentability and sui generis. Biotechnology should be patent-protected. 27.3(b) is balanced. UPOV is in foreground as sui generis. Breeders exemption and Farmers privilege important. CBD/27.3(b) mutually supportive. The life patenting provisions : no lowering of standards of protection; the exclusion for plants and animals is a balanced provision that takes into accounts members' needs and interest. The sui generis provision : Switzerland agrees with Singapore that the UPOV system is an useful references for the basic level of protection of plant varieties. Nonetheless, also agrees that there may be other sui generis systems that meet the requirements of Article 27.3(b) besides UPOV and considers the elements listed by the USA to be helpful in drawing up such systems.

 

Date:

15 Jun 2001 

Reference:

IP/C/W/284 

 

Country:

EU 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the provisions of article 27.3(b) of the TRIPS agreement 

Content /
Proposals:

Concerns of developing countries may be dealt with outside 27.3(b) review. Need to: develop other instruments to address concerns; provide technical assistance on CBD implementation; negotiate measures in WIPO and (if necessary) TRIPS on benefit-sharing etc. 

 

Date:

13 Jun 2001 

Reference:

IP/C/W/254 

 

Country:

US 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Views of the United States on the Relationship between the Convention on Biological Diversity and the TRIPS Agreement 

Content /
Proposals:

TRIPS provisions support measures that would implement CBD. 

 

Date:

13 Jun 2001 

Reference:

IP/C/W/257 

 

Organisation:

WIPO 

Title:

Committee on Trade and Environment - Council for Trade-Related Aspects of Intellectual Property Rights - Statement by the World Intellectual Property Organization (WIPO) on Intellectual Property, Biodiversity and Traditional Knowledge 

Content /
Proposals:

Summary of activities undertaken by WIPO on intellectual property in relation to biological diversity and traditional knowledge. 

 

Date:

6 Jun 2001 

Reference:

IP/C/W/242

 

Country:

Peru 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Peru's Experience of the Protection of Traditional Knowledge and Access to Genetic Resources 

Content /
Proposals:

Peru's experience of protecting TK and access to genetic resources, at national and regional level. 

 

Date:

14 Mar 2001 

Reference:

IP/C/W/246

 

Country:

Japan 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Japan's View 

Content /
Proposals:

27.3(b) review is limited to the 'optional exclusion' and 'exceptional exclusion'. 27.3(b) and development; definition of 'micro-organisms', 'inventions' and 'discoveries'; sui generis and UPOV; ethical issues; TRIPS/CBD, disclosure of origin, benefit-sharing; TK and farmers' rights. 

 

Date:

11 Dec 2000 

Reference:

IP/C/W/236

 

Country:

Brazil 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of article 27.3(b) 

Content /
Proposals:

Scope of review needs clarifying. 27.3(b)/development merits discussion. Members should retain flexibility to exclude plant/animal patents. Need precise definition of 'micro-organism'. Members should preserve flexibility on sui generis. 27.3(b) review must include ethical concerns about lifeforms patents. TRIPS/CBD should be supportive. So amend 27.3(b) to include disclosure of origin, TK used, evidence of benefit-sharing and prior-informed consent from government or community. 

 

Date:

24 Nov 2000 

Reference:

IP/C/W/228

 

Organisation:

WIPO 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Document prepared by the International Bureau of WIPO for the Meeting on Intellectual Property and Genetic Resources, which took place on 17 and 18 April 2000 in Geneva - Intellectual Property and Genetic Resources - An Overview 

Content /
Proposals:

Genesis of WIPO Meeting on Intellectual Property and Genetic resources. Delegation of Colombia proposed the introduction of a new article in the draft Patent Law Treaty, as follows: 1. All industrial property protection shall guarantee the protection of the country's biological and genetic heritage. Consequently, the grant of patents or registrations that relate to elements of that heritage shall be subject to their having been acquired legally. 2. Every document shall specify the registration number of the contract affording access to genetic resources and a copy thereof where the products or processes for which protection is sought have been manufactured or developed from genetic resources, or products thereof, of which one of the member countries is the country of origin." (see document SCP/3/10). Standing Committee on the Law of Patents (SCP) issued invitation to International Bureau to include on Agenda of Working Group on Biotechnological Inventions, to be convened in November of 1999 at WIPO, the issue of protection of biological and genetic resources. II. The Protection of traditional knowledge and its relationship with the international treaties on intellectual property. III. Access to and Transfer of Technology in the Context of Access to Genetic Resources and their Relationship with the International Treaties on Intellectual Property IV. Access to Genetic Resources and Benefit Sharing and their Relationship with the International Treaties on Intellectual Property V. Scientific and Technical Cooperation in the Preservation and Sustainable Use of Biodiversity and its Relationship with the International Treaties on Intellectual Property.

 

Date:

18 Oct 2000 

Reference:

IP/C/W/218  

 

Organisation:

WIPO 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Document Prepared by the International Bureau of WIPO for the Roundtable on Intellectual Property and Traditional Knowledge which Took Place on 1 and 2 November 1999 in Geneva - Protection of Traditional Knowledge: A Global Intellectual Property Issue  

Content /
Proposals:

Details WIPO's activities in the protection of traditional knowledge (TK). Focus on "expressions of folklore" and "indigenous knowledge". 

 

Date:

18 Oct 2000 

Reference:

IP/C/W/217  

 

Country:

US 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the provisions of article 27.3(b). Further views of the United States. 

Content /
Proposals:

Definition of 'micro-organisms'. Sui generis PVP. Ethical considerations. TK. CBD / TRIPS compatibility. Access to genetic resources and benefit-sharing. 

 

Date:

3 Oct 2000

Reference:

IP/C/W/209 

 

Organisation:

Note by the WTO Secretariat 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights 

Content /
Proposals:

I. The Convention on Biological Diversity. A. Introduction. B. IPR-related provisions of the Biodiversity Convention. (a) Conservation and sustainable use of biological diversity. (b) Sharing benefits from genetic resources. (c) Access to and transfer of technology. (d) Traditional and indigenous knowledge. (e) Clearing-house mechanism. (f) Relationship with other international agreements. II. The Agreement on Trade-Related Aspects of Intellectual Property Rights. A. Introduction. B. Provisions of the TRIPS Agreement which are relevant to matters raised in the Biodiversity Convention. (a) Promotion of, access to and transfer of technology. (b) Technology that may adversely affect the environment. (c) Patentability of genetic material and life forms. (d) Traditional and indigenous knowledge. (e) Council for TRIPS.  

 

Date:

3 Oct 2000 

Reference:

IP/C/W/216  

 

Countries:

Mauritius on behalf of the African Group 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the provisions of article 27.3(b) 

Content /
Proposals:

27.3(b) and development; technical issues re patent protection; sui generis protection; ethical issues; conservation and sustainable use of genetic resources; TK and farmers' rights. 

 

Date:

20 Sep 2000 

Reference:

IP/C/W/206 

 

Country:

India 

Title:

Committee on Trade and Environment - Council for Trade-Related Aspects of Intellectual Property Rights - Protection of Biodiversity and Traditional Knowledge - The Indian Experience 

Content /
Proposals:

Introduction. The Biological Diversity Bill 2000. TRIPs, biodiversity and patent issues. Protection of traditional knowledge associated with biological resources: Suggestions/options for protecting traditional knowledge: Documentation of traditional knowledge. Traditional Knowledge Digital Library. Registration and innovation patent system. Development of a sui generis system. Some other aspects. Provisions in the Biodiversity Bill 2000 and Patents (Second Amendment) Bill 1999. International action. 

 

Date:

14 Jul 2000 

Reference:

IP/C/W/198

 

Country:

India  

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - (Communication from India)  

Content /
Proposals:

Incorporate in TRIPS a provision that patents incompatible with CBD art 15 must not be granted. Art 64, paragraph 2 must be modified to clarify that subparagraphs b and c of GATT '94 shall not apply to TRIPS. Operationalise TRIPS art 7 and 8 by providing technological transfer. 

 

Date:

12 Jul 2000 

Reference:

IP/C/W/196

 

Country:

India 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Proposals on Intellectual Property Rights Issues 

Content /
Proposals:

Review TRIPS to consider operationalising arts 7 and 8 technological transfer. TRIPS/CBD relationship and national law. 

 

Date:

12 Jul 2000 

Reference:

IP/C/W/195

 

Countries:

Argentina, Costa Rica, Kenya and United Kingdom 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The Relationship Between the Convention on Biological Diversity (CBD) and the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS); With a Focus on Article 27.3(B) - Background Note by the Secretariat 

Content /
Proposals:

Plant variety protection - Relevant international instruments. Information provided to the TRIPS Council on the Implementation of Article 27.3(B). Country studies on sui generis systems based on the UPOV model. Legislation enacted to give effect to the CBD. Annex 1: Synoptic table of plant variety protection systems. 

 

Date:

11 May 2000 

Reference:

IP/C/W/175

 
© ICTSD 2004 - Last Update: 05-Oct-2009