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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’s work on these topics is to be guided by the TRIPS Agreement’s objectives (Article 7) and principles (Article 8), and must take development issues fully into account.

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TRIPS news  back to top

News about the TRIPS Council and intellectual property in the WTO, prepared for non-specialists.

 
Briefing  back to top

Background and the current situation on Article 27.3(b), traditional knowledge and biodiversity

 
Secretariat documents  back to top

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):

  • Review of the Provisions of Article 27.3(b): Illustrative List of Questions Prepared by the Secretariat — Revision. Paper IP/C/W/273/Rev.1, 18 February 2003
    > Download: 56 pages in Word 296KB, pdf 320KB
     

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Documents  back to top

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
WT/GC/W/591)

 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 — “A Concept Paper” 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

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