Convention on Biological
Diversity
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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
/
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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| |
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Countries:
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Brazil on behalf of the delegations of China, Cuba, Dominican
Republic, Ecuador, India, Pakistan, Thailand, Venezuela,
Zambia and 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
/
Proposals:
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Summary. A. Introduction. B. Relevant provisions in the
CBD. C. The relationship between the TRIPS Agreement and
the CBD. 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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| |
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Country:
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Australia
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights
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Content
/
Proposals:
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Review of Article 27.3(b).
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Date:
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2 Oct 2001
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Reference:
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IP/C/W/310
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Country:
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Norway
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Title:
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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
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Content
/
Proposals:
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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.
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Date:
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29 Jun 2001
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Reference:
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IP/C/W/293
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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 - Review of article 27.3(b): the view of Switzerland
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Content
/
Proposals:
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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.
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Date:
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15 Jun 2001
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Reference:
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IP/C/W/284
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Countries:
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EU
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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) of
the TRIPS agreement
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Content
/
Proposals:
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Concerns of developing Members may be dealt with outside
27.3(b) review. Need to: develop other instruments to
address concerns; provide technological assistance on
CBD implementation; negotiate measures in WIPO and (if
necessary) TRIPS on benefit-sharing etc.
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Date:
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13 Jun 2001
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Reference:
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IP/C/W/254
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Country:
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US
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Title:
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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
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Content
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Proposals:
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TRIPS provisions support measures that would implement
CBD.
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Date:
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13 Jun 2001
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Reference:
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IP/C/W/257
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Country:
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Japan
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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) -
Japan's View
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Content
/
Proposals:
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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.
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Date:
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11 Dec 2000
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Reference:
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IP/C/W/236
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Country:
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Brazil
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - Review of article 27.3(b)
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Content
/
Proposals:
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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.
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Date:
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24 Nov 2000
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Reference:
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IP/C/W/228
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| |
|
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Country:
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US
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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).
Further views of the United States.
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Content
/
Proposals:
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Definition of 'micro-organisms'. Sui generis PVP.
Ethical considerations. TK. CBD / TRIPS compatibility.
Access to genetic resources and benefit-sharing.
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Date:
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3 Oct 2000
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Reference:
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IP/C/W/209
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| |
|
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Country:
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India
|
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Title:
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Committee on Trade and Environment - Council for Trade-Related
Aspects of Intellectual Property Rights - Protection of
Biodiversity and Traditional Knowledge - The Indian Experience
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Content
/
Proposals:
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Introduction. The Biological Diversity Bill 2000. TRIPs,
biodiversity and patent issues. Protection of traditional
knowledge associated with biological resources: Suggestions/options
for protecting traditional knowledge: Documentation of
traditional knowledge. Traditional Knowledge Digital Library.
Registration and innovation patent system. Development
of a sui generis system. Some other aspects. Provisions
in the Biodiversity Bill 2000 and Patents (Second Amendment)
Bill 1999. International action.
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Date:
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14 Jul 2000
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Reference:
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IP/C/W/198
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| |
|
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Country:
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India
|
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - (Communication from India)
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Content
/
Proposals:
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Incorporate in TRIPS a provision that patents incompatible
with CBD art 15 must not be granted. Art 64, paragraph
2 must be modified to clarify that subparagraphs b and
c of GATT '94 shall not apply to TRIPS. Operationalise
TRIPS art 7 and 8 by providing technological transfer.
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Date:
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12 Jul 2000
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Reference:
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IP/C/W/196
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| |
|
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Country:
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India
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - Proposals on Intellectual Property Rights Issues
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Content
/
Proposals:
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Review TRIPS to consider operationalising arts 7 and 8
technological transfer. TRIPS/CBD relationship and national
law.
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Date:
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12 Jul 2000
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Reference:
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IP/C/W/195
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| |
|
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Countries:
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Argentina, Costa Rica, Kenya and United Kingdom
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Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - 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) - Background Note by the Secretariat
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Content
/
Proposals:
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Plant variety protection - Relevant international instruments.
Information provided to the TRIPS Council on the Implementation
of Article 27.3(B). Country studies on sui generis systems
based on the UPOV model. Legislation enacted to give effect
to the CBD. Annex 1: Synoptic table of plant variety protection
systems.
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Date:
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11 May 2000
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Reference:
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IP/C/W/175
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| |
|
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Countries:
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Kenya, on behalf of the African Group
|
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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)
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Content
/
Proposals:
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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.
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Date:
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8 Nov 1999
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Reference:
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IP/C/W/163
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| |
|
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Country:
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Norway
|
|
Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - Review of the provisions of article 27.3(b)
|
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Content
/
Proposals:
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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.
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Date:
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3 Nov 1999
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Reference:
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IP/C/W/167
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| |
|
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Country:
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US
|
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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)
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Content
/
Proposals:
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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.
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Date:
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29 Oct 1999
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Reference:
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IP/C/W/162
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| |
|
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Country:
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Brazil
|
|
Title:
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Council for Trade-Related Aspects of Intellectual Property
Rights - Review of the provisions of article 27.3(b)
|
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Content
/
Proposals:
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Lifeform patentability. TRIPS and CBD. Contracts an insufficient
solution for TK protection. Sui generis protection.
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| |
Date:
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29 Oct 1999
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Reference:
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IP/C/W/164
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| |
|
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Countries:
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Cuba, Dominican Republic, Egypt, El Salvador, Honduras,
India, Indonesia, Malaysia, Nigeria, Pakistan, Sri Lanka
and Uganda
|
|
Title:
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General Council - Preparation for the 1999 Ministerial
Conference - Implementation Issues to be Addressed in
the First Year of Negotiations
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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.
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Date:
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11 Oct 1999
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Reference:
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WT/GC/W/355
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| |
|
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Countries:
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Cuba, Dominican Republic, Egypt, El Salvador, Honduras,
India, Indonesia, Malaysia, Nigeria, Pakistan, Sri Lanka
and Uganda
|
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Title:
|
General Council - Preparation for the 1999 Ministerial
Conference - Implementation Issues to be Addressed Before/At
Seattle
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Content
/
Proposals:
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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 subparagraph
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 27.3b exceptions to patentability shall
include drugs on WHO essential drugs list.
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Date:
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11 Oct 1999
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Reference:
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WT/GC/W/354
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| |
|
|
Country:
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South
Africa
|
|
Title:
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Southern African Development Community (SADC), SADC Ministers'
Agreed Negotiating Objectives for the Third WTO Ministerial
Conference
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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.
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| |
Date:
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01 Oct 1999
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Reference:
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WT/L/317
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| |
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Country:
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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
|
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Content
/
Proposals:
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