IPRsonline.org

General texts on intellectual property rights

IPRs, biodiversity loss, access & benefit sharing, prior informed consent

Intellectual property, trade and competition

Intellectual property and folklore, music and entertainment

Intellectual property and public education

Intellectual property and information and communication technologies

Intellectual property and the protection of biodiversity

Intellectual property and agriculture, food and nutrition

Intellectual property and access to medicines in developing countries

Intellectual property and foreign direct investment

Human rights aspects of intellectual property

Intellectual property and technology transfer: help or hindrance?

Intellectual property and the knowledge, innovations and practices of indigenous peoples and local communities

TRIPS, implementation and Review

ICTSD dialogues on trade, IPRs and sustainable development

Selected new stories published in BRIDGES

Discussion papers and BRIDGES articles on IPRs, trade and sustainable development

Resource Book, Policy Paper, Case Studies and Research Tools

About the UNCTAD-ICTSD project on IPRs

Related UNCTAD and ICTSD activities in this area

Setting an agenda for IP negotiations in the next five years

WIPO: Institutional functioning and relevant developments

WTO Members' Submissions on IPRs

Advancing the reform agenda

Policy Options for Assuring Affordable Access to Essential Medicines

Preserving Public Goods in health, education and learning

Intellectual Property and Free Trade Agreements

Intellectual Property and Geographical Indications

Official Submissions to the WTO
Available at the WTO Document Search Facility

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

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