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

Traditional Knowledge


Country:	Note by the WTO Secretariat
Title:	Council for Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	The relationship between the TRIPS agreement and the convention on biological diversity (CBD). Summary of issues raised and points made.
	Date:	8 February 2006	Reference:	IP/C/W/368/Rev.1
Country:	Bolivia, Brazil, Colombia, Cuba, India and Pakistan
Title:	Council for Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	The relationship between the TRIPS agreement and the convention on biological diversity (CBD) and the protection of traditional knowledge, technical observations on the United States submission
	Date:	18 November 2005	Reference:	IP/C/W459

Country:	United States
Title:	Council for Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	The relationship between the TRIPS agreement and the convention on biological diversity (CBD) and the protection of traditional knowledge, technical observations on the United States submission
	Date:	10 June 2005	Reference:	IP/C/W449

Country:	Peru
Title:	Council for Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	The relationship between the TRIPS agreement and the convention on biological diversity (CBD) and the protection of traditional knowledge.
	Date:	8 June 2005	Reference:	IP/C/W447

Country:	Switzerland
Title:	Council for Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	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
	Date:	30 May 2005	Reference:	IP/C/W446

Countries:	Bolivia, Brazil, Colombia, Cuba, Dominican Republic, Ecuador, India, Peru and Thailand
Title:	Council for Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	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
	Date:	18 March 2005	Reference:	IP/C/W442

Countries:	The European Communities and their Member States
Title:	Council for Trade-Related Aspects of Intellectual Property Rights
Content / Proposals:	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".
	Date:	17 Oct 2002	Reference:	IP/C/W/383


Countries:	Brazil, China, Cuba, Dominican Republic, Ecuador, India, Pakistan, Thailand, Venezuela, Zambia, Zimbabwe
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - The Relationship between the TRIPS Agreement and the CBD and the Protection of Traditional Knowledge
Content / Proposals:	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.
	Date:	26 Jun 2002	Reference:	IP/C/W/356


Countries:	Brazil, China, Cuba, Dominican Republic, Ecuador, India, Pakistan, Thailand, Venezuela, Zambia and Zimbabwe
Title:	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
Content / Proposals:	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.
	Date:	24 Jun 2002	Reference:	IP/C/W/356


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:	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


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.
	Date:	15 Jun 2001	Reference:	IP/C/W/284


Country:	US
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Views of the US 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


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-organisms'. 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


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


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; technological 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


Country:	India
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Protection of biodiversity and traditional knowledge - the Indian experience
Content / Proposals:	India's experience of protecting biodiversity and TK.
	Date:	14 Jul 2000	Reference:	IP/C/W/198


Country:	India
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - Proposals on Intellectual Property Rights Issues
Content / Proposals:	Review TRIPS to consider operationalising arts 7 and 8 technological transfer. TRIPS/CBD relationship and national law.
	Date:	12 Jul 2000	Reference:	IP/C/W/195


Country:	India
Title:	Council for Trade-Related Aspects of Intellectual Property Rights - (Communication from India)
Content / Proposals:	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.
	Date:	12 Jul 2000	Reference:	IP/C/W/196


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

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
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