Bridges Weekly Trade News Digest • Volume 8 • Number 22 • 23rd June 2004
Quiet TRIPS Council Focuses On Health, Biodiversity-Related Issues
On 16 June trade delegates convened to continue their attempt to resolve certain issues on the agenda of the Council for Trade-related Aspects of Intellectual Property Rights (TRIPS). The meeting focused on issues related to the amendment of the TRIPS Agreement to allow countries without pharmaceutical manufacturing capacity to import generic versions of drugs still under patent and the review of Article 27.3 b) (patentability of life forms), genetic resources, traditional knowledge and folklore. Although the meeting was scheduled for two days, it ended early as no real advances were made.
Decision on TRIPS amendment postponed
Soon after the introduction of the 30 August 2003 Decision on a temporary waiver for the export, under a compulsory license, of pharmaceutical products to countries lacking domestic manufacturing capacities, Members had hoped that a permanent amendment of the TRIPS Agreement could be ready by 30 June this year (see BRIDGES Weekly, 4 September 2003). However, the process still continues to stir debate, primarily on technical matters. As a result, Chair Joshua Low (Hong Kong) proposed to postpone the deadline for an amendment until the end of March 2005. The extension was agreed subject to confirmation by the end of June by those Members that had asked for more time to consult.
In the meantime, some exporting countries — including Norway, Canada, the EC and Switzerland — have started implementing the 30 August 2003 Decision. Only Norway has finalised its implementation and the amended legislation entered into force on 1 June. Canada expects to do so by autumn this year (see BRIDGES Weekly, 15 October 2003). So far no developing country has made use of the new rule.
Discussions on genetic resources, traditional knowledge and folklore remain stagnant
The session’s discussion on biodiversity-related issues focused on a checklist proposed by Brazil, Ecuador, India, Peru, Thailand, and Venezuela (IP/C/W/420, searchable at http://docsonline.wto.org) in March this year (see BRIDGES Weekly, 10 March 2004). The submission suggested a structure for continuing the negotiating process, outlining questions in three clusters on disclosure of origin, evidence of prior informed consent, and benefit-sharing related to genetic material and traditional knowledge. The US and Japan opposed such a process, arguing that the checklist was too detailed. At the meeting, Chair Low, supported by Kenya, Canada, Australia and New Zealand, suggested an alternative structure for how to organise the work. Specifically, he proposed that rather than focusing on a concrete set of questions, discussions could instead review national legislation on the issues, requirements of disclosure in patent filing procedures, and existing databases. The proponents of the initial checklist opposed the Chair’s proposal. The EC identified three principles that should underlie the structured discussions, namely to follow the Doha mandate, to be oriented to results, and to focus on a manageable number of issues instead of broad philosophical questions.
Apart from this debate, Switzerland presented a paper (IP/C/W/423) reiterating its proposal to amend the World Intellectual Property Organisation (WIPO) Patent Cooperation Treaty (PCT) to include, in appropriate cases, declaration of origin of genetic material in patent applications as a voluntary requirement (see BRIDGES Trade BioRes, 13 June 2003). The proposal includes a concrete description of when disclosure would be relevant, as well as a penalty system for failure to comply in which case the patent would be rejected or withdrawn.
The next TRIPS Council meeting is scheduled for 21-23 September.
ICTSD reporting; "Intellectual Property - WTO Members Extend Deadline for Incorporating Medicines Deal into TRIPs," WTO REPORTER, 17 June 2004.