Kristin Dawksin/IATP sign-on letter regarding WTO/TRIPS patent exceptions

[James Love <love@cptech.org>]

This is a letter being circulated by Kristin Dawkins from IATP 
(http://www.iatp.org), regarding the proposals from developing countries 
to:

          (1) amend Article 27.3(b) to expand the list of
          exceptions to patentability to include living organisms 
          and their parts as well as the list of essential drugs 
          published by the World Health Organization; 

Plus other items.  

   Jamie

-----------------
      Subject: 
       URGENT new sign-on letter out now for signature; can you help circulate?
   Date:  Fri, 12 Nov 1999 17:00:17 -0600
  From: "Kristin Dawkins" <kdawkins@iatp.org>
    To: love@cptech.org

Dear friends, 

We have just learned that the US and European Commission, in a
behind-the-scenes "Green Room" consultation with the WTO Director General
on Thursday evening, rejected the developing countries' proposals regarding
TRIPs Article 27.3(b) on grounds that the WTO cannot be subordinated to
other international agreements. (As you know the African Group and a number
of Asian and Latin American countries, calling themselves the "Like Minded
Group", have proposed that living organisms and their parts and the WHO
list of essential drugs be excluded from patenting.) 

Therefore, we have drafted the following letter for your signature. To sign
on, send your name, organization and country to <kdawkins@iatp.org> before
TUESDAY AFTERNOON, NOV 16, when we will send it to President Clinton and
the others indicated.



SIGN-ON LETTER TO BE SENT 16 NOVEMBER:
Dear President Clinton,

We the undersigned are horrified to learn that the United States delegation
in Geneva has specifically rejected incorporating references to other
relevant international agreements in the draft Ministerial Declaration
being prepared for the Seattle meeting of the World Trade Organization. As
we enter the 21st century, it is imperative that global coherence refer not
only to coherence among the WTO, IMF and World Bank; equally if not more
important for global food security, health and welfare is coherence among
the WTO, other treaty bodies and the many United Nations agencies.

In particular, the Convention on Biological Diversity and the World Health
Organization have debated and concluded that aspects of the WTO's TRIPs
Agreement could have a significant impact on the ability of nations to
comply with their mandates to conserve, sustainably use and equitably share
the benefits of biological diversity and to ensure adequate health care to
the peoples of the world. If the WTO is to preserve its authority as an
arbiter of international trade, it must recognize that other international
laws and understandings must be respected. This recognition should be
explicit.

More specifically, we strenuously urge the U.S. delegation in Geneva and
those who will be in Seattle to acknowledge the rights of nations to
control their biological resources; to guarantee the a priori rights of
local communities to use, save and exchange seeds; and to provide essential
medicines at affordable prices. Thus, we respectfully request the U.S.
soften its position regarding TRIPs to accept the developing countries'
proposals to:

(1) amend Article 27.3(b) to expand the list of exceptions to patentability
to include living organisms and their parts as well as the list of
essential drugs published by the World Health Organization; 

(2) operationalize Articles 7, 8 and 66.2 to ensure the transfer of
technology on fair and mutually advantageous terms; and

(3) establish transitional arrangements that enable developing countries,
especially the least-developed, to comply without jeopardizing their right
to development and without counteracting their obligations under other
international agreements, particularly the Convention on Biological Diversity.

Thank you for your attention to these matters. 

Sincerely,
LIST YOUR ORGANIZATION HERE

CC:     Ambassador Charlene Barshefsky, U.S. Trade Representative
        Ambassador Rita Hayes, U.S. Mission in Geneva
        Joseph Papovich, U.S.T.R. Office for Services, Investment and Intellectual
Property




------------------------------------------
Kristin Dawkins
Institute for Agriculture and Trade Policy
2105 First Avenue South        Minneapolis, MN 55404 USA
Central tel: (612) 870-0453    Direct tel: (612) 870-3410
Fax: (612) 870-4846            kdawkins@iatp.org
URL: http://www.iatp.org  and  http://www.wtowatch.org

-- 
James Love / Director, Consumer Project on Technology
http://www.cptech.org / love@cptech.org
P.O. Box 19367, Washington, DC 20036
voice 202.387.8030 / fax 202.234.5176