|
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
|
| |
|
