WTO TRIPS Council activities relevant to the International Treaty

on Plant Genetic Resources

Presentation by

Ms. Jayashree Watal,

Counsellor, Intellectual Property Division, WTO Secretariat at UNCTAD meeting on the ITPGRFA

11 September 2002

PRESENTATION OUTLINE

• Doha Mandate• Background of discussions in TRIPS Council• Review of Article 27.3(b)• Relationship between the TRIPS Agreement and

the CBD• Protection of traditional knowledge and folklore• Summing up

DOHA MANDATE• Paragraph 19 of the Doha Ministerial Declaration:

– to examine the relationship between the TRIPS Agreement and the CBD and the protection of traditional knowledge and folklore.

– To be guided by Articles 7 and 8 and take fully into account the development dimension

• Pursuant to this mandate, the subjects of

– the relationship between the TRIPS Agreement and the CBD and

– the protection of traditional knowledge and folklore

appear separately on the agenda of the TRIPS Council.

• Report to be made by the TRIPS Council to the TNC before the end of the year.

BACKGROUND

• Articles 27.3(b) and 71.1 are part of the so-called built-in agenda.

• Specific issues relating to genetic resources, including plant genetic resources, has been under discussion under the review of Article 27.3(b) since 1999, although issues first raised in 1995 in the CTE.

• Some of these issues raised by developing country Members under the “Implementation” set of issues

REVIEW OF ARTICLE 27.3(B)

• IP/C/W/369• Four main categories of views expressed with

respect to the provisions relating to plant and animal inventions

• Differing views on the elements of a sui generis system for the protection of plant varieties

• Existence of FAO ITPGRFA noted in discussions.

RELATIONSHIP BETWEEN TRIPS AND CBD

• IP/C/W/368

• Three categories of views on this issue

• Specific proposal on disclosure in patent applications of information on the origin of genetic resources and traditional knowledge on which invention is based

PROTECTION OF TRADITIONAL KNOWLEDGE

AND FOLKLORE

• IP/C/W/370

• Major concerns

• Differing solutions

• Different forums

• Farmers’ rights - most directly related to the ITPGRFA

TO SUM UP...

• Pursuant to Doha mandate, three separate agenda items included in TRIPS Council of relevance to the ITPGRFA.

• However, these subjects have been under discussion in the Council since 1999 and in the WTO even before this.

• There are specific relevant issues being discussed under these agenda items on which a report has to be submitted to the TNC by the end of this year.