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Some intellectual property rights holders and their representative governments are looking with concern at the drive to hold discussions on draft modalities for IP issues in this week's WTO mini-ministerial.
Letters sent early this week to the US Trade Representative and EU External Trade Commissioner by developed-nation industry associations call potential amendments to the WTO intellectual property agreement "at the very least premature" and warn of potential "negative outcomes" for industry.
A majority of WTO members, mainly developing countries, have called for consideration of three IP issues in this week's meeting. A smaller group, such as the US, Canada, Australia, Chile and Costa Rica, are opposed.
The IP issues are: an amendment to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to protect biodiversity and traditional knowledge as defined by the UN Convention on Biological Diversity (CBD); creation of a register for geographic indications (GIs) - product names associated with specific locations and characteristics; and the possible extension of high-level protection on GIs currently enjoyed by wines and spirits to other products.
The CBD amendment has wider support than the two GI issues, which are seen to be mainly in the interest of European members, but the CBD group and the GI group have linked their efforts to achieve IP modalities during the Doha trade-liberalisation talks. Well over 100 WTO members support discussion on the TRIPS issues this week.
The CBD amendment is intended to bring the legally-binding TRIPS agreement more closely in line with the voluntary CBD, to help prevent misappropriation of genetic resources or knowledge taken from indigenous or local communities, by requiring patent applications to contain disclosure of origin of those resources. It also is hoped by some developing countries that an amendment would include provisions ensuring that local communities benefit from the use of their resources in patented products, such as pharmaceuticals. (Source: Trade Observatory)
July 25, 2008
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