Norway has submitted a proposal on suggestions for an amendment to the TRIPS (trade-related aspects of intellectual property rights) agreement (WT/GC/W/566).
The Norwegian proposal follows a submission from a group of developing countries led by India (WT/GC/W/564/Rev.1), and expresses general support for the submission.
The developing countries’ proposal would amend the TRIPS Agreement by requiring […]
Norway has submitted a proposal on suggestions for an amendment to the TRIPS (trade-related aspects of intellectual property rights) agreement (WT/GC/W/566).
The Norwegian proposal follows a submission from a group of developing countries led by India (WT/GC/W/564/Rev.1), and expresses general support for the submission. The developing countries’ proposal would amend the TRIPS Agreement by requiring patent applications to disclose the country providing genetic resources used in the invention, and evidence of compliance with the country’s legal requirements for prior informed consent and benefit-sharing. Including certain different elements, the Norwegian document proposes using criminal or other legal sanctions to address non-compliance with the disclosure requirements; triggering disclosure requirements for both genetic resources and traditional knowledge, even if the latter is not associated with genetic resources. Also, it proposes sending any declarations of origin to the CBD Clearing-House Mechanism. According to recent reports, at informal consultations held on the proposals, as well as during the TRIPS Council meeting on 15 June, the US, Japan, Korea, Australia, New Zealand and Canada still opposed amending the TRIPS Agreement to introduce disclosure requirements. Japan presented a proposal on industry experiences regarding genetic resource databases (IP/C/W/572), and Canada, Australia and New Zealand similarly shared their experiences with access and benefit-sharing. The EU repeated that it is interested in mandatory disclosure requirements, but would not support enforcement measures, including revocation of patents. Along with Switzerland, the EU would prefer to amend WIPO patent rules in this regard.
Links to further information
Discussions on CBD-TRIPS gain momentum with new proposals, ICTSD Trade BioRes, 16 June 2006
The Norwegian proposal (WT/GC/W/566) is available through the WTO search engine
IP Watch, Brazil, India get developed country support for TRIPS amendment on biodiversity, 15 June 2006
IP Watch, EU gets little support for enforcement proposal at WTO; CBD issue unresolved, 16 June 2006
IP Watch, Inside views: India, Brazil explain need for TRIPS biodiversity amendment; plus interview with Alan Oxley, 22 June 2006