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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 | 2003-2002 | 2001-2000 |1999-1998

Country:

United States

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Article 27.3(B), Relationship between the Trips Agreement and the CBD and Protection of Traditional Knowledge and Folklore

Content /
Proposals:

The purpose of this paper, building upon the previous communication from the United States (IP/C/W/434), is to continue to facilitate discussions under agenda items pursuant to paragraphs 12 and 19 of the Doha Ministerial Declaration.

 

Date:

10 June 2005

Reference:

IP/C/W/449

 

Country:

Peru

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Article 27.3(B), Relationship between the Trips Agreement and the CBD and Protection of Traditional Knowledge and Folklore

Content /
Proposals:

Biodiversity, Traditional Knowledge and Intellectual Property: Peru's Position in Relation to Disclosure of Origin and Legal Provenance

 

Date:

8 June 2005

Reference:

IP/C/W/447

 

Country:

Switzerland

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- The Relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) and the Protection of Traditional Knowledge and Folklore and the Review of Implementation of the TRIPS Agreement under Article 71.1

Content /
Proposals:

 

 

Date:

30 May 2005

Reference:

IP/C/W/446

 

Country:

Peru

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Article 27.3(B), Relationship between the Trips Agreement and the CBD and Protection of Traditional Knowledge and Folklore- Revision

Content /
Proposals:

The following communication, dated 28 February 2005, is being circulated at the request of the delegation of Peru. The present document is a revised version of IP/C/W/441, circulated on 8 March 2005.

 

Date:

19 May 2005

Reference:

IP/C/W/441/Rev.1

 

Countries:

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

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- The Relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) and the Protection of Traditional Knowledge - Elements of the Obligation to Disclose Evidence of Benefit-Sharing under the Relevant National Regime

Content /
Proposals:

Following the discussions in the Council for TRIPS meetings held on 8 March 2004 and on 16 June 2004, at which some Members made useful substantive comments on the issues included in the Checklist, the delegations of Bolivia, Brazil, Cuba, Ecuador, India, Pakistan, Peru, Thailand, and Venezuela submitted a communication elaborating on the first of the three sets of issues identified in the Checklist i.e., the disclosure of source and country of origin of biological resources and/or traditional knowledge used in inventions. This communication elaborates on the third element of the checklist of issues as a basis for further discussion in the Council.

 

Date:

18 March 2005

Reference:

IP/C/W/442

 

Countries:

Brazil and India

Title:

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

Content /
Proposals:

Technical Observations on Issues Raised in a Communication by the United States (IP/C/W/434)

 

Date:

18 March 2005

Reference:

IP/C/W/443

 

Country:

Peru

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Article 27.3(B), Relationship between the Trips Agreement and the CBD and Protection of Traditional Knowledge and Folklore

Content /
Proposals:

Traditional Knowledge of Indigenous Peoples. Biopiracy.

 

Date:

8 March 2005

Reference:

IP/C/W/441

 

Countries:

Bolivia, Brazil, Cuba, Ecuador, India, Pakistan, Peru, Thailand and Venezuela

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- The Relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) and the Protection of Traditional Knowledge-Elements of the Obligation to Disclose Evidence of Prior Informed Consent under the Relevant National Regime

Content /
Proposals:

Following the discussions in the Council for TRIPS meetings held on 8 March 2004 and on 16 June 2004, at which some Members made useful substantive comments on the issues included in the Checklist, the delegations of Bolivia, Brazil, Cuba, Ecuador, India, Pakistan, Peru, Thailand, and Venezuela submitted a communication elaborating on the first of the three sets of issues identified in the Checklist i.e., the disclosure of source and country of origin of biological resources and/or traditional knowledge used in inventions. This communication elaborates on the second element of the checklist of issues as a basis for further discussion in the Council.

 

Date:

10 December 2004

Reference:

IP/C/W/438

 

Country:

United States

Title:

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

Content /
Proposals:

I. Introduction. II. Shared Objectives. III. Examining the Objectives: New Patent Disclosure Requirements are not the Answer. IV. Examining the Objectives: Options to Achieve Appropriate Access and Equitable Benefit-Sharing. V. Examining the Objectives: Options to Prevent the Issuance of Erroneously Granted Patents. VI. Conclusion

 

Date:

26 November 2004

Reference:

IP/C/W/434

 

Country:

Switzerland

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Further Observations by Switzerland on its Proposals Regarding the Declaration of the Source of Genetic Resources and Traditional Knowledge in Patent Applications

Content /
Proposals:

This present communication from Switzerland contains in its annex further observations on the Swiss proposals to amend the Regulations under the Patent Cooperation Treaty (PCT).

 

Date:

25 November 2004

Reference:

IP/C/W/433

 

Countries:

Brazil, India, Pakistan, Peru, Thailand, and Venezuela

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Elements of the Obligation to Disclose the Source and Country of Origin of Biological Resource and/or Traditional Knowledge Used in an Invention- Revision

Content /
Proposals:

IP/C/W/429 dated 21 September 2004, was circulated at the request of the Delegations of Brazil, India, Pakistan, Peru, Thailand and Venezuela. At the meeting of the TRIPS Council of 21 September 2004, the Delegations of Cuba and Ecuador requested that their names be added. The present document is a revised version of IP/C/W/429.

 

Date:

27 September 2004

Reference:

IP/C/W/429/Rev.1

 

Countries:

Brazil, India, Pakistan, Peru, Thailand, and Venezuela

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Elements of the Obligation to Disclose the Source and Country of Origin of Biological Resource and/or Traditional Knowledge Used in an Invention

Content /
Proposals:

I. Introduction. II. How Would an Obligation for Disclosure of source and Country of Origin of Biological Resource and Associated Traditional Knowledge used in an Invention help in Better Examination of Patents and in Preventing Cases of Bad Patents? III. What is the Meaning of Disclosure of Source and Country of Origin of Biological Resource and of the Traditional Knowledge used in the Invention? IV. What Would be the Legal Effect of Wrongful Disclosure or Non-disclosure? V. On Whom Should the Burden of Proof Lie? VI. In What Manner Should the Proposed Obligation of Disclosure of Source and Country of Origin and Associated Traditional Knowledge be Introduced in the TRIPS Agreement?

 

Date:

21 September 2004

Reference:

IP/C/W/429

 

Country:

Switzerland

Title:

Council for Trade-Related Aspects of Intellectual Property Rights- Additional Comments by Switzerland on its Proposals Submitted to WIPO Regarding the Declaration of the Source of Genetic Resources and Traditional Knowledge in Patent Applications

Content /
Proposals:

The present communication from Switzerland contains in its annex the additional comments on the Swiss proposals to amend the PCT-Regulations submitted to the sixth session of the Working Group on PCT-Reform held in May 2004. By also submitting these additional comments to the TRIPS Council, Switzerland aims at informing the discussions of the TRIPS Council on the review of the provisions of Article 27.3(b), the relationship between the TRIPS Agreement and the CBD, and the protection of traditional knowledge, about its efforts in the WIPO Working Group on PCT-Reform.

 

Date:

14 June 2004

Reference:

IP/C/W/423

 

Country:

Bolivia

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 - Addendum

Content /
Proposals:

Bolivia has requested that it be added to the list of sponsors of the submission circulated in document IP/C/W/420.

 

Date:

5 Mar 2004 

Reference:

IP/C/W/420/Add.1

 

Countries:

Brazil, Cuba, Ecuador, India, Peru, Thailand 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 - Checklist of Issues  

Content /
Proposals:

I. Introduction. II. Checklist of Issues.

 

Date:

2 Mar 2004 

Reference:

IP/C/W/420

 

Country:

Moldova

Title:

Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provision of TRIPS Article 27.3(b) - Responses to Checklist of Questions - Addendum

Content /
Proposals:

Responses to Checklist of Questions: A. Patent protection of plant and animal inventions. B. Protection of plant varieties.

 

Date:

26 Jan 2004 

Reference:

IP/C/W/125/Add.24

 
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