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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 |1999-1998

Countries: Joint Communication from the African Group

Title:

Taking Forward the Review of Article 27.3(b) of the TRIPS Agreement

Content /
Proposals:

This communication from the African Group aims to assist in finalising the longstanding issues relating to the review of provisions of Article 27.3(b) of the TRIPS Agreement. To this end, the communication first indicates the solutions that the African Group considers need to be found; second, it sets out possible areas of agreement on issues that have arisen; third, it provides suggestions on how to resolve issues that for the moment members have not been able to reach a common understanding on, and then suggests the way forward.
  Date: 26 June 2003
Reference:
IP/C/W/404
 
Country:

Switzerland

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Article 27.3(b), the Relatinship Between the TRIPSs Agreement and the Convention on Biological Diversity, and the Protection of Traditional Knowledge

Content /
Proposals:

The present communication from Switzerland complements the communication of 15 June 2001 on the review of Article 27.3(b) and addresses the issues set out in paragraph 19 of the Doha Ministerial Declaration. As a concrete and practical measure, Switzerland presents proposals regarding the declaration of the source of genetic resources and/or traditional knowledge in patent applications.

 

Date:

18 June 2003

Reference:

IP/C/W/400/Rev.1

 

Countries:

The African Group 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Taking Forward the Review of Article 27.3b) of the TRIPS Agreement

Content /
Proposals:

 

Date:

4 Jun 2003 

Reference:

IP/C/W/404

 

Countries:

Brazil, Bolivia, Cuba, Dominican Republic, Ecuador, India, Thailand, Peru and Venezuela  

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The Relationship between the TRIPS Agreement and the Convention on Biological Diversity and the Protection of Traditional Knowledge

Content /
Proposals:

The key issues raised in these papers were that the TRIPS Agreement should be amended in order to provide that Members shall require that an applicant for a patent relating to biological materials or to traditional knowledge shall provide, as a condition to acquiring patent rights: (i) disclosure of the source and country of origin of the biological resource and of the traditional knowledge used in the invention; (ii) evidence of prior informed consent through approval of authorities under the relevant national regime; and (iii) evidence of fair and equitable benefit sharing under the relevant national regime.

 

Date:

28 May 2003 

Reference:

IP/C/W/403

 

Country:

Switzerland

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Article 27.3(b), the Relationship between the TRIPS Agreement and the Convention on Biological Diversity, and the Protection of Traditional Knowledge 

Content /
Proposals:

Overview. I. A fair and balanced approach. II. Proposals by Switzerland regarding the declaration of the source of genetic resources and traditional knowledge in patent applications under the patent cooperation treaty (pct) of the world intellectual property organization (WIPO). (1) overview. (2) summary of the proposals by Switzerland. (3) application by reference of the proposals to the Patent Law Treaty (PLT) of WIPO. (4) assessment of the proposals by Switzerland. (5) establishment of a list of government agencies competent to receive information on declaration. II. Position of Switzerland with regard to other transparency measures proposed under patent law: evidence of Prior Informed Consent (PIC) and of fair and equitable benefit sharing in patent applications. (1) evidence of prior informed consent (PIC). (2) evidence of fair and equitable benefit sharing. III. The farmers' privilege. IV. The protection of traditional knowledge. (1) international forums competent to discuss the intellectual property-related issues of the protection of traditional knowledge. (2) two fundamental issues: working definition of "traditional knowledge" and objectives of its protection. (3) the determination of prior art: international gateway for traditional knowledge. V. The relationship between the TRIPS Agreement and the Convention on Biological Diversity.

 

Date:

28 May 2003 

Reference:

IP/C/W/400

 

Organisation:

Note by the Secretariat 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Illustrative List of Questions - Revision 

Content /
Proposals:

Annex I. A. Patent protection of plant and animal inventions. B. Protection of plant varieties. Annex II. Synoptic table of patent systems. Synoptic table II: Plant variety protection systems. Annex III. Explanatory note to Synoptic Table I : Patent system. Annex IV. Explanatory note to Synoptic Table II: Plant vatierty protection system.

 

Date:

18 Feb 2003 

Reference:

IP/C/W/273/Rev.1

 

Countries:

The European Communities and their Member States 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights 

Content /
Proposals:

Review of Article 27.3(b) of the TRIPS Agreement, and the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) and the protection of traditional knowledge and folklore - "A Concept Paper".

 

Date:

17 Oct 2002 

Reference:

IP/C/W/383

 

Organisation:

Note by the WTO Secretariat 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The Protection of Traditional Knowledge and Folklore - Summary of Issues Raised and Points Made 

Content /
Proposals:

Summary of issues raised by delegations in the Council for TRIPS in regard to the protection of traditional knowledge and folklore.  

 

Date:

8 Aug 2002 

Reference:

IP/C/W/370  

 

Organisation:

Note by the WTO Secretariat 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Summary of Issues Raised and Points Made  

Content /
Proposals:

Summary of issues raised and points made by delegations in the Council for TRIPS in regard to the review of the provisions of Article 27.3(b).  

 

Date:

8 Aug 2002

Reference:

IP/C/W/369  

 

Organisation:

Note by the WTO Secretariat 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The Relationship between the TRIPS Agreement and the Convention on Biological Diversity - Summary of Issues Raised and Points Made  

Content /
Proposals:

Summary of issues raised and points made by delegations in the Council for TRIPS in regard to the relationship between the TRIPS Agreement and the Convention on Biological Diversity.  

 

Date:

8 Aug 2002 

Reference:

IP/C/W/368  

 

Organisation:

Note by the WTO Secretariat 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Proposals on Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health: Thematic Compilation  

Content /
Proposals:

I. Measures to facilitate exports to members with insufficient manufacturing capacities. II Measures to facilitate production under compulsory licences in countries with presently insufficient manufacturing capacity.  

 

Date:

11 Jul 2002 

Reference:

IP/C/W/363  

 

Countries:

Brazil, China, Cuba, Dominican Republic, Ecuador, India, Pakistan, Thailand, Venezuela, Zambia, Zimbabwe 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - The Relationship between the TRIPS Agreement and the CBD and the Protection of Traditional Knowledge 

Content /
Proposals:

Summary. A. Introduction. B. Relevant provisions in the Convention on Biological Diversity. C. The relationship between the TRIPS Agreement and the Convention on Biological Diversity. D. Proposal.

 

Date:

24 Jun 2002 

Reference:

IP/C/W/356

 

Organisation:

UPOV 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b), Relationship between the TRIPS Agreement and the Convention on Biological Diversity and Protection of Traditional Knowledge and Folklore - Information from Intergovernmental Organizations - International Union for the Protection of New Varieties of Plants (UPOV) - Addendum 

Content /
Proposals:

Updated information from the secretariat of the International Union for the Protection of New Varieties of Plants (UPOV) on their activities in relation to provisions of Article 27.3(b), the relationship between the TRIPS Agreement and the Convention on Biological Diversity and protection of traditional knowledge and folklore. 

 

Date:

11 Jun 2002 

Reference:

IP/C/W/347/Add.3  

 

Organisation:

UNCTAD 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b), Relationship between the TRIPS Agreement and the Convention on Biological Diversity and United Nations Conference on Trade and Development (UNCTAD) - Addendum 

Content /
Proposals:

Updated information from the secretariat of the United Nations Conference on Trade and Development (UNCTAD) on their activities in relation to provisions of Article 27.3(b), the relationship between the TRIPS Agreement and the Convention on Biological Diversity and protection of traditional knowledge and folklore. 

 

Date:

10 Jun 2002 

Reference:

IP/C/W/347/Add.2

 

Organisation:

CBD 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Committee on Trade and Environment - Review of the Provisions of Article 27.3(b), Relationship between the TRIPS Agreement and the Convention on Biological Diversity and Protection of Traditional Knowledge and Folklore - Information from Intergovernmental Organizations - Convention on Biological Diversity (CBD) - Addendum 

Content /
Proposals:

Updated information from the secretariat from the Convention on Biological Diversity (CBD) on their activities in relation to provisions of Article 27.3(b), the relationship between the TRIPS Agreement and the Convention on Biological Diversity and protection of traditional knowledge and folklore.     

 

Date:

10 Jun 2002 

Reference:

IP/C/W/347/Add.1  

 

Organisation:

FAO 

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b), Relationship between the TRIPS Agreement and the Convention on Biological Diversity and Protection of Traditional Knowledge and Folklore - Information from Intergovernmental Organizations - Food and Agriculture Organization (FAO) 

Content /
Proposals:

Updated information from the secretariat of the FAO on their activities in relation to provisions of Article 27.3(b), the relationship between the TRIPS Agreement and the Convention on Biological Diversity and protection of traditional knowledge and folklore.

 

Date:

7 Jun 2002 

Reference:

IP/C/W/347  

 
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