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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

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

Article 27.3(b) | Public Health | Traditional Knowledge | Geographical Indications | Convention on Biological Diversity | Technology Transfer | Article 71.1 | Non-violation | International Organisations

Related to article 27-3 (b) For documents submitted in 2006 | 2005-2004 | 2003-2002 | 2001-2000


Countries:	Kenya, 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:	Clarify scope of review. Extend implementation deadline till after Review. Clarify why exclusion does not extend to 'micro-organisms' and 'micro-biological processes'. Add interpretative footnote re sui generis confirming can include protection of indigenous and local community innovations; right to save and exchange seeds and sell harvest; prevent anti-competitive rights or practices threatening food security. Harmonise 27.3(b) and CBD.
	Date:	8 Nov 1999	Reference:	IP/C/W/163


Countries:	Cuba, Honduras, Paraguay and Venezuela
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Review of Implementation of the Agreement under Article 71.1 - Proposal on Protection of the Intellectual Property Rights of the Traditional Knowledge of Local and Indigenous Communities
Content / Proposals:	Introduction. Proposal.
	Date:	5 Nov 1999	Reference:	IP/C/W/166


Country:	Norway
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Review of the provisions of article 27.3(b)
Content / Proposals:	TRIPS and CBD should be mutually supportive. Note CBD art. 16.5. Need to consider benefit-sharing and ethics of patents on lifeforms. Should not alter delicate 27.3(b) wording. Consider disclosure of origin proposal. Sui generis should be flexible.
	Date:	3 Nov 1999	Reference:	IP/C/W/167


Country:	India
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Review of the provisions of article 27.3(b)
Content / Proposals:	Scope of review: patenting of lifeforms; definition of 'micro-organisms', 'non-biological' and 'micro-biological processes'; sui generis systems.
	Date:	3 Nov 1999	Reference:	IP/C/W/161


Countries:	Bolivia, Colombia, Ecuador, Nicaragua and Peru
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Proposal on Protection of the Intellectual Property Rights Relating to the Traditional Knowledge of Local and Indigenous Communities
Content / Proposals:	Background. Proposal.
	Date:	3 Nov 1999	Reference:	IP/C/W/165


Country:	US
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Review of the provisions of article 27.3(b)
Content / Proposals:	US view of 27.3(b). Life form patentability, and benefits of this. Ethical questions. Sui generis protection. TRIPS and CBD. Protection for genetic resources and TK.
	Date:	29 Oct 1999	Reference:	IP/C/W/162


Country:	Brazil
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Review of the provisions of article 27.3(b)
Content / Proposals:	Lifeform patentability. TRIPS and CBD. Contracts an insufficient solution for TK protection. Sui generis protection.
	Date:	29 Oct 1999	Reference:	IP/C/W/164


Countries:	Cuba, Dominican Republic, Egypt, El Salvador, Honduras, India, Indonesia, Malaysia, Nigeria, Pakistan, Sri Lanka and Uganda
Title:	General Council - Preparation for the 1999 Ministerial Conference - Implementation Issues to be Addressed in the First Year of Negotiations
Content / Proposals:	Art 7 and 8 to be operationalised to promote technological transfer. Amend 27.3(b) in light of CBD and IU. 27.3(b) review to clarify artificial distinction between 'biological' and 'micro-biological' organisms and processes; ensure right to save and exchange seeds and sell harvest; prevent anti-competitive practices threatening food security.
	Date:	11 Oct 1999	Reference:	WT/GC/W/355


Countries:	Cuba, Dominican Republic, Egypt, El Salvador, Honduras, India, Indonesia, Malaysia, Nigeria, Pakistan, Sri Lanka and Uganda
Title:	General Council - Preparation for the 1999 Ministerial Conference - Implementation Issues to be Addressed Before/At Seattle
Content / Proposals:	Pending examination of TRIPS/CBD relationship, patents incompatible with CBD art.15 will not be granted. TRIPS art.64, paragraph 2, will be modified so that subparagraphs b and c of GATT 94 Art 23 shall not apply. Art.66.2 provisions shall be made obligatory and subject to periodic notification. Guidelines on categories of incentives shall be established. Art 27.3(b) implementation shall be 5 years from end of Review. List of 27.3(b) exceptions to patentability shall include drugs on WHO essential drugs list.
	Date:	11 Oct 1999	Reference:	WT/GC/W/354


Organisation:	Background note by the Secretariat.
Title:	The relationship between the Convention on Biological Diversity (CBD) and the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS); with a focus on article 27.3 (b)
Content / Proposals:
	Date:	5 Oct 1999	Reference:	WT/CTE/W/125


Country:	South Africa
Title:	Southern African Development Community (SADC), SADC Ministers' Agreed Negotiating Objectives for the Third WTO Ministerial Conference
Content / Proposals:	Members should retain flexibility and options for PVP, including sui generis. Review should seek to harmonise 27.3(b) and CBD. Microbiological processes could also be excluded from patentability.
	Date:	01 Oct 1999	Reference:	WT/L/317


Country:	Venezuela
Title:	General Council - Preparation for the 1999 Ministerial Conference - Proposals Regarding the TRIPS Agreement (Paragraph 9(a)(ii) of the Geneva Ministerial Declaration)
Content / Proposals:	Include the principles of the CBD, and the Indian proposal prohibiting the grant of patents inconsistent with CBD art 15. Establish system to protect TK, and recognise rights of collective holders. Extend 27.3(b) exceptions to include WHO essential drugs. Extend incentives in art 66.2 to developing Members. Make art 7 and 8 operational. Establish mechanisms of support through e-commerce.
	Date:	6 Aug 1999	Reference:	WT/GC/W/282


Countries:	Kenya, on behalf of the African Group
Title:	General Council - Preparations for the 1999 Ministerial Conference - The TRIPS Agreement
Content / Proposals:	TRIPS Council should clarify scope of review. Extend implementation deadline until after review. Patentability exclusion should extend to micro-organism and micro-biological processes. Add interpretative footnote re sui generis confirming can include protection of indigenous and local community innovations; right to save and exchange seeds and sell harvest; prevent anti-competitive rights or practices threatening food security. Harmonise 27.3(b), CBD, IU.
	Date:	6 Aug 1999	Reference:	WT/GC/W/302


Country:	Bangladesh (LDCs)
Title:	General Council - The Challenge of Integrating LDCS into the Multilateral Trading System - Coordinating Workshop for Senior Advisers to Ministers of Trade in LDCs in Preparation for the Third WTO Ministerial Conference
Content / Proposals:	Should be formal clarification that naturally-occurring plants and animals, their parts, gene sequences and essentially biological processes for production should not be granted patents. Patents inconsistent with CBD art 15 must not be granted. Members should retain flexibility re sui generis systems.
	Date:	13 Jul 1999	Reference:	WT/GC/W/251


Country:	Japan
Title:	General Council - Preparations for the 1999 Ministerial Conference. Proposal on Trade-Related Aspects of Intellectual Property
Content / Proposals:	IPR protection in TRIPS should be strengthened and harmonised.
	Date:	6 Jul 1999	Reference:	WT/GC/W/242


Country:	Kenya
Title:	General Council - Preparations for the 1999 Ministerial Conference - Contribution to the Preparatory Process
Content / Proposals:	Different interpretations of 27.3(b) exist, especially re sui generis. 27.3(b) should be amended to protect TK and farmers' rights. CBD and TRIPS should be harmonised.
	Date:	5 Jul 1999	Reference:	WT/GC/W/233


Countries:	EU
Title:	General Council - Preparations for the 1999 Ministerial Conference - EC Approach to Trade-Related Aspects of Intellectual Property in the New Round
Content / Proposals:	No lowering of standards or extension of transition periods.
	Date:	2 Jun 1999	Reference:	WT/GC/W/193


Country:	India
Title:	General Council - Preparations for the 1999 Ministerial Conference - Proposal on IPR Issues
Content / Proposals:	Proposal 1 - Transfer of technology. Proposal 2 - Biodiversity. Proposal 3 - Higher level of protection for geographical indications of goods.
	Date:	18 Feb 1999	Reference:	WT/GC/W/147


Countries:	Canada, EC, Japan and US
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b)
Content / Proposals:	Representative questions for TRIPS 27.3(b) review: Patent system questions. Plant variety protection systems.
	Date:	5 Feb 1999	Reference:	IP/C/W/126


Country:	Egypt
Title:	General Council - Preparations for the 1999 Ministerial Conference - General Council Discussion on the Built-In-Agenda 23-24 November 1998
Content / Proposals:	Patentable subject matter remains difficult issue, so status quo should not be altered at this stage. Need to examine TRIPS and CBD relationship.
	Date:	26 Jan 1999	Reference:	WT/GC/W/136


Country:	US
Title:	General Council - Preparations for the 1999 Ministerial Conference - General Council Discussion on Mandated Negotiations and the Built-In Agenda. 23 November 1998
Content / Proposals:	TRIPS Council in 1999 will consider eliminating the exclusion from patentability of plants and animals, and incorporating key UPOV provisions.
	Date:	19 Nov 1998	Reference:	WT/GC/W/115

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