Following the collapse of the 21-29 July 2008 WTO ministerial, the future of talks on a possible amendment of the TRIPS Agreement to include a requirement for disclosure of origin of genetic resources and/or associated traditional knowledge in patent applications remains uncertain.

Intellectual property issues were reported to have been discussed consistently by key delegations during the ministerial, but never rose to the level of full negotiation, the main issues remaining agriculture and industrial goods.
On the eve of the ministerial, an unprecedented coalition of developed and developing countries led by Brazil, the EU, India and Switzerland had presented “draft modalities” on three controversial intellectual property issues: disclosure of origin in patent applications, extension of geographical indications to all goods, and the establishment of a multilateral register for geographical indications for wines and spirits. The proposal to address these issues together in the horizontal negotiations on modalities in the industrial and agricultural sectors had been rejected by Australia, Canada, Chile, Mexico, New Zealand, South Korea, Taiwan and the US. According to the draft modalities, members would agree, prior to official negotiations on the issue, to amend the TRIPS Agreement so that all patent applications would be required to disclose the origin of genetic resources and/or associated traditional knowledge used in the product in question. Patent applicants would also have to provide proof of prior informed consent and benefit-sharing.
Links to further information
IP Watch, 31 July 2008
IP Watch, 29 July 2008
ICTSD Bridges Weekly Trade News Digest, 16 July 2008