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Official
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Available at the WTO
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Article 27.3(b), Traditional Knowledge, Convention on Biological
Diversity |
Public Health
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Geographical Indications
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Technology Transfer
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Article 71.1
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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 |
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Title:
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Taking
Forward the Review of Article 27.3(b) of the TRIPS Agreement |
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Content
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Proposals:
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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. |
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Date: |
26
June 2003 |
Reference:
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IP/C/W/404 |
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| Country:
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Switzerland
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Title:
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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
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Content
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Proposals:
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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.
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Date:
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18 June 2003
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Reference:
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IP/C/W/400/Rev.1
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Countries:
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The African Group
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - Taking Forward the Review of Article 27.3b) of
the TRIPS Agreement
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Content
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Proposals:
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Date:
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4 Jun 2003
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Reference:
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IP/C/W/404
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Countries:
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Brazil, Bolivia, Cuba, Dominican Republic, Ecuador, India,
Thailand, Peru and Venezuela
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Title:
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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
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Content
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Proposals:
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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.
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Date:
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28 May 2003
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Reference:
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IP/C/W/403
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Country:
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Switzerland
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Title:
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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
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Content
/
Proposals:
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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.
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Date:
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28 May 2003
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Reference:
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IP/C/W/400
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Organisation:
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Note by the Secretariat
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - Review of the Provisions of Article 27.3(b) -
Illustrative List of Questions - Revision
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Content
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Proposals:
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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.
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Date:
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18 Feb 2003
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Reference:
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IP/C/W/273/Rev.1
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Countries:
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The European Communities and their Member States
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights
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Content
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Proposals:
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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".
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Date:
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17 Oct 2002
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Reference:
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IP/C/W/383
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Organisation:
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Note by the WTO Secretariat
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - The Protection of Traditional Knowledge and Folklore
- Summary of Issues Raised and Points Made
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Content
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Proposals:
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Summary of issues raised by delegations in the Council
for TRIPS in regard to the protection of traditional knowledge
and folklore.
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Date:
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8 Aug 2002
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Reference:
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IP/C/W/370
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Organisation:
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Note by the WTO Secretariat
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Title:
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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
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Content
/
Proposals:
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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).
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Date:
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8 Aug 2002
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Reference:
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IP/C/W/369
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Organisation:
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Note by the WTO Secretariat
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Title:
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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
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Content
/
Proposals:
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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.
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Date:
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8 Aug 2002
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Reference:
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IP/C/W/368
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Organisation:
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Note by the WTO Secretariat
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Title:
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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
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Content
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Proposals:
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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.
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Date:
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11 Jul 2002
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Reference:
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IP/C/W/363
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Countries:
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Brazil, China, Cuba, Dominican Republic, Ecuador, India,
Pakistan, Thailand, Venezuela, Zambia, Zimbabwe
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - The Relationship between the TRIPS Agreement
and the CBD and the Protection of Traditional Knowledge
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Content
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Proposals:
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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.
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Date:
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24 Jun 2002
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Reference:
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IP/C/W/356
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Organisation:
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UPOV
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Title:
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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
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Content
/
Proposals:
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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.
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Date:
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11 Jun 2002
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Reference:
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IP/C/W/347/Add.3
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Organisation:
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UNCTAD
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Title:
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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
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Content
/
Proposals:
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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.
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Date:
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10 Jun 2002
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Reference:
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IP/C/W/347/Add.2
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Organisation:
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CBD
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Title:
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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
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Content
/
Proposals:
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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.
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Date:
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10 Jun 2002
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Reference:
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IP/C/W/347/Add.1
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Organisation:
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FAO
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Title:
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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)
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Content
/
Proposals:
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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.
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Date:
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7 Jun 2002
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Reference:
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IP/C/W/347
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