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CBD
input to TRIPS Review of life-form patents Montreal, July 5 -- The Intersessional Meeting of the UN Convention on Biodiversity (CBD) recommended Thursday that its Conference of the Parties (COP) should develop ways and options to closely follow the work at the WTO and WIPO on the TRIPS issues, and provide them with inputs from the perspective of the Convention. The World Trade Organization's TRIPS agreement and the Convention on Biological Diversity (CBD) are linked and there is a need to ensure their mutual supportiveness, the intersessional meeting agreed. Earlier at the plenary meeting, the African Group of countries had called upon COP to invite the TRIPS Council to take advantage of this year's review of Article 27.3 (b) to clarify and overcome the potential conflicts between the Convention and the TRIPS Agreement. This Article allows for the patenting of life forms, including micro-organisms and micro-biological processes. The African Group also suggested that the TRIPS review be deferred until after the 5th session of the CBD's Conference of Parties in May 2000. "The TRIPS Agreement creates potential for disastrous conflicts between the technologically-advanced and the less technologically-advanced countries," Cameroon Ambassador Philomenon Yang said, speaking on behalf of the African Group. Yang added: "It will endanger the traditional rights of farmers and of local communities all over the world... (and) greatly jeopardize the application of the Convention,". The potential conflicts highlighted include * the sui generis protection of plant varieties (the inclusion in national laws of Farmers' Rights as well as the right for farmers to continue with their traditional practice to save, use, exchange and sell farm-saved seed and propagating material); and * the right of countries to exclude plants, animals, micro- organisms and any parts thereof and microbiological processes for plant and animal production. The rest of the developing world supported Africa in quick succession, and came out against the patenting of life forms. Norway, supported by the European Union, emphasized that in working out the relationship between the two agreements, the knowledge and innovations of indigenous peoples and local communities should be protected - a key element in the CBD. The USA saw no conflict between the two agreements. The relationship is complementary and not contrary, said the US delegation head. TRIPS establishes appropriate levels of protection for IPRs, including patents that can be supportive of the CBD. In an obvious reference to the call by countries that TRIPS not undermine the objectives of the CBD, the US, a non-party to the CBD, was alone in warning against any weakening of patent laws, "as this would result in less incentives for the protection of biodiversity." Disputing these contentions, a representative of The Third World Network cited numerous examples of the serious negative impacts of IPRs over life forms in developing countries. The examples cited by the TWN representative included: * the grant of patents on genetic resources from developing countries, often without the knowledge and consent of the owners of the resources; * broad-scope patents that limit access to a wide segment of germplasm; * protection rights claimed by plant breeders over materials deposited in international gene banks; and * the protection by IPRs of living materials which raised ethical issues sufficient to exclude private parties from obtaining exclusive rights over such materials. Discoveries, and not inventions, are also being patented in clear violation of basic patent law tenets, said the TWN representative. One example was the patents on DNA fragments. The Japan Bioindustry Association has said 'no' to such patents. The Association represents 300 major Japanese corporations, 60 research institutes and 1,500 individual members. The Third World Network stressed the need for urgent pro-active participation in the on-going TRIPS review. The Acting Executive Secretary, Hamdallah Zedan told the meeting that a representative would be sent to brief the TRIPS Council at its next meeting on the review of Article 27(3)(b) on 7th July in Geneva. (SUNS4471) The above article first appeared in the South-North Development Monitor (SUNS). [c] 1999, SUNS - All rights reserved. May not be reproduced, reprinted or posted to any system or service without specific permission from SUNS. This limitation includes incorporation into a database, distribution via Usenet News, bulletin board systems, mailing lists, print media or broadcast. For information about reproduction or multi-user subscriptions please contact < suns@igc.org >
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