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TRIPS: ISSUES
Article 27.3b, traditional knowledge, biodiversity
The TRIPS Agreement requires a review of Article 27.3(b) which deals with patentability or non-patentability of plant and animal inventions, and the protection of plant varieties.
Paragraph 19 of the 2001 Doha Declaration has broadened the discussion. It says the TRIPS Council should also look at the relationship between the TRIPS Agreement and the UN Convention on Biological Diversity, the protection of traditional knowledge and folklore.
It adds that the TRIPS Council抯 work on these topics is to be guided by the TRIPS Agreement抯 objectives (Article 7) and principles (Article 8), and must take development issues fully into account.
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TRIPS news
News about the TRIPS Council and intellectual property in the WTO, prepared for non-specialists.
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Briefing
Background and the current situation on Article 27.3(b), traditional knowledge and biodiversity
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Secretariat documents
Summaries of issues raised and points made:
- The TRIPS Agreement and Convention on Biological Diversity. Paper
IP/C/W/368/Rev.1, revised 8 February 2006
> Download: 78 pages in Word 595KB, pdf 158KB
IP/C/W/368/Rev.1/Corr.1, 9 March 2006
> Download: 12 pages in Word 258KB, pdf 69KB
- Review of Article 27.3(b). Paper IP/C/W/369/Rev.1, revised 9 March 2006
> Download: 36 pages in Word 479KB, pdf 233KB
- The protection of traditional knowledge and folklore. Paper IP/C/W/370/Rev.1, revised 9 March 2006
> Download: 29 pages in Word 370KB, pdf 183KB
Replies to questionnaire in implementing Art.27.3(b):
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Documents
Documents circulated under the 2001 mandate of the Doha Development Agenda
(Document numbers are hyperlinks to Word files in WTO Documents Online. Left click to open the documents in a new window; right click to download the files directly.)
| Document no | Communication from | Title | Date |
|---|---|---|---|
| TN/C/W/61 (also circulated as WT/GC/W/633) | Director-General | Report on Issues Related to the Extension of the Protection of Geographical Indications Provided for in Article 23 of the TRIPS Agreement to Products other than Wines and Spirits and those Related to the Relationship between the TRIPS Agreement and the Convention on Biological Diversity | 21 April 2011 |
| TN/C/W/59 | Brazil, China, Colombia, Ecuador, India, Indonesia, Peru, Thailand, the ACP Group, and the African Group |
Draft decision to enhance mutual supportiveness between the TRIPS Agreement and the Convention on Biological Diversity | 19 April 2011 |
| TN/C/W/52 TN/C/W/52/Add.1 TN/C/W/52/Add.2 and TN/C/W/52/Add.3 |
Albania, Brazil, China, Colombia, Ecuador, the European Communities, Iceland, India, Indonesia, the Kyrgyz Republic, Liechtenstein, the Former Yugoslav Republic of Macedonia, Pakistan, Peru, Sri Lanka, Switzerland, Thailand, Turkey, the ACP Group and the African Group + Croatia + Georgia + Moldova | Draft Modalities for TRIPS Related Issues | 19 July 2008, 24 July 2008, 25 July 2008, 29 July 2008 |
TN/C/W/50 (also circulated as |
Director-General | Report on Issues Related to the Extension of the Protection of Geographical Indications Provided for in Article 23 of the TRIPS Agreement to Products other than Wines and Spirits and those Related to the Relationship between the TRIPS Agreement and the Convention on Biological Diversity | |
TN/C/W/49, TN/C/W/49/Add.1 and TN/C/W/49/Add.2 (also circulated as WT/GC/W/590 + Add.1 and Add.2) |
Brazil, China, Colombia, Cuba, Dominican Republic, Ecuador, India, Indonesia, Pakistan, Paraguay, Peru, South Africa, Tanzania, Thailand, Venezuela, least-developed countries (LDC) Group and African-Caribbean-Pacific (ACP) Group + African Group + Sri Lanka | Appropriate action to be taken/decided by the General Council on TRIPS & CBD | 28 May 2008, 13 June 2008 and 10 July 2008 |
| IP/C/W/504 | Japan | The Patent System and Genetic Resources | 17 October 2007 |
| IP/C/W/493 | Peru | Combating Biopiracy ?the Peruvian Experience | 14 September 2007 |
| IP/C/W/491 | Norway | The Relationship between the TRIPS Agreement, CBD, and Protection of Traditional Knowledge ?Amending the TRIPS Agreement to Introduce an Obligation to Disclose the origin of Genetic Resources and Traditional Knowledge in Patent Applications ?Answer from Norway to Questions Posed by Switzerland in the TRIPS Council | 7 May 2007 |
| IP/C/W/484 | Peru | Response to Comments Contained in Document IP/C/W/469 Relating to the Peruvian Communication IP/C/W/458 | 2 November 2006 |
| IP/C/W/475 | Brazil | Response to Questions Raised on the Draft Amendment to TRIPS — Article 29bis | 26 July 2006 |
| IP/C/W/474, Add.1, Add.2, Add.3, Add.4, Add.5, Add.6, Add.7, Add.8 and Add.9 | Brazil, India and others | Doha Work Programme — The Outstanding Implementation Issue on the Relationship between the TRIPS Agreement and the Convention on Biological Diversity — Revision (Also circulated as WT/GC/W/564/Rev.2 and TN/C/W/41/Rev.2) | 5 July 2006 |
| IP/C/W/473 | Norway | The Relationship between the TRIPS Agreement, the Convention on Biological Diversity and the protection of traditional knowledge — Amending the TRIPS Agreement to Introduce an Obligation to Disclose the Origin of Genetic Resources and Traditional Knowledge in Patent Applications (Also circulated as WT/GC/W/566 and TN/C/W/42) | 14 June 2006 |
| IP/C/W/472 | Japan | The Patent System and Genetic Resources | 13 June 2006 |
| IP/C/W/470 | Bolivia, Cuba, Ecuador, India, Sri Lanka and Thailand | Submission in Response to the Communication from Switzerland (IP/C/W/446) | 21 March 2006 |
| IP/C/W/469 | United States | Article 27.3(b), Relationship between the TRIPS Agreement and the CBD, and the Protection of Traditional Knowledge and Folklore | 13 March 2006 |
| IP/C/W/459 | Brazil, India and others |
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 IP/C/W449 |
18 November 2005 |
| IP/C/W/458 | Peru | Analysis of Potential Cases of Biopiracy | 7 November 2005 |
| IP/C/W/449 | United States | Article 27.3(b), relationship between the TRIPS Agreement and the CBD, and the protection of traditional knowledge and folklore | 10 June 2005 |
| IP/C/W/447 | Peru | Article 27.3(b), relationship between the TRIPS Agreement and the CBD and protection of traditional knowledge and folklore | 8 June 2005 |
| IP/C/W/446 | Switzerland | 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 | 30 May 2005 |
| IP/C/W/443 | Brazil, India | The relationship between the TRIPS agreement and the Convention on Biological Diversity (CBD) and the protection of traditional knowledge. Technical observations on issues raised in a communication by the United States (IP/C/W/434) | 18 March 2005 |
| IP/C/W/442 | India, Brazil, and others | 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 | 18 March 2005 |
| IP/C/W/441 Rev.1 | Peru | Article 27.3(b), relationship between the TRIPS agreement and the CBD and protection of traditional knowledge and folklore | 19 May 2005 (original 8 March 2005) |
| IP/C/W/438 | India, Brazil, and others | 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 prior informed consent under the relevant national regime | 10 December 2004 |
| IP/C/W/434 | US | Article 27.3(b), relationship between the TRIPS agreement and the CBD, and the protection of traditional knowledge and folklore | 26 November 2004 |
| IP/C/W/433 | Switzerland | Further observations by Switzerland on its proposals regarding the declaration of the source of genetic resources and traditional knowledge in patent applications | 25 November 2004 |
| IP/C/W/429, with Rev.1, Add.1, Add.2, and Add.3 | Brazil, India and others | Elements of the Obligation to Disclose the Source and Country of Origin of Biological Resources and/or Traditional Knowledge used in an Invention | 21 September 2004 to 10 February 2005 |
| IP/C/W/423 | Switzerland | Additional Comments By Switzerland on its Proposal Submitted to WIPO Regarding the Declaration of Source of Genetic Resources and Traditional Knowledge in Patent Applications | 26 June 2003 |
| IP/C/W/420 and Add.1 | India, Brazil, and others | The Relationship between the TRIPS Agreement and the CBD: Checklist of Issues | 2 March 2004 |
| IP/C/W/404 | African group | Taking Forward the Review of Article 27.3(b) of the TRIPS Agreement | 26 June 2003 |
| IP/C/W/403 | India, Brazil, and others | The Relationship between the TRIPS Agreement and the CBD and the Protection of Traditional knowledge | 24 June 2003 |
|
IP/C/W/400/ Rev.1 |
Switzerland | Article 27.3(b), the Relationship between the TRIPS Agreement and the CBD, and the Protection of Traditional Knowledge | 18 June 2003 |
| IP/C/W/393 | US | Access to Genetic Resources Regime of the US National Parks | 28 January 2003 |
| IP/C/W/383 | EC | Review of Article 27.3(b) of the TRIPS Agreement, and the Relationship between the TRIPS Agreement and the CBD and the Protection of Traditional Knowledge and Folklore ?揂 Concept Paper?/td> | 17 October 2002 |
| IP/C/W/356 and Add.1 | India, Brazil, and others | The Relationship between the TRIPS Agreement and the CBD and the Protection of Traditional Knowledge | 24 June 2002 |
| IP/C/W/341 | US | Technology Transfer Practices of the US National Cancer Institute’s Departmental Therapeutics Programme | 25 March 2002 |