[A2k] SUNS: CHAIRS' CONSULTATIONS ON GIS AND TRIPS/CBD RELATIONSHIP

[Sangeeta]

=A0SUNS #6191 THURSDAY 15 FEBRUARY 2007

CHAIRS' CONSULTATIONS ON GIS AND TRIPS/CBD RELATIONSHIP

Geneva, 14 Feb (Kanaga Raja) -- The three Chairpersons at the WTO dealing
with issues in respect of Geographical Indications (GIs) and the
relationship between the TRIPS Agreement and the Convention on Biological
Diversity (CBD) are to begin consultations with individual delegations over
the next week or two to work out how best to proceed on these issues.

This emerged at an informal consultation Tuesday before the start of a
scheduled formal session of the regular TRIPS Council.

According to trade officials, the purpose of the consultations is to work
out how best to proceed as positions remain broadly unchanged both on the
subject matter and on the way it should be discussed.

The three Chairpersons concerned are Ambassador Manzoor Ahmad of Pakistan
who chairs the Special Session of the TRIPS Council; Deputy Director-Genera=
l
Rufus Yerxa, who is acting on behalf of Director-General Pascal Lamy in
relation to consultations on two 'outstanding implementation' issues on GIs
and TRIPS/CBD; and Ambassador Yonov Frederick Agah of Nigeria , who replace=
d
Ambassador Trevor Clarke of Barbados, as the new chair of the regular TRIPS
Council.

The Chairs said that they would like to meet individual heads of delegation=
s
together with each one's intellectual property negotiator, at the request o=
f
each delegation. According to trade officials, the informal consultation
Tuesday supported the Chairs' forthcoming efforts.

The issues in respect of Geographical Indications relate to negotiations on
a multilateral register for wines and spirits that is taking place in the
Special Session of the TRIPS Council; consultations on the 'outstanding
implementation issue' of extending higher level protection for GIs beyond
wines and spirits chaired by Deputy Director-General Yerxa; and review of
TRIPS section on GIs (required by Art. 24.2) in the regular TRIPS Council.

As to the relationship between the TRIPS Agreement and the Convention on
Biological Diversity, this is an 'outstanding implementation issue', with
consultations on this being chaired by Yerxa.

The talks on the multilateral register for wines and spirits chaired by
Ambassador
Manzoor are part of the Doha negotiations and take place in the Special
Session of the TRIPS Council.

Differences among members relate to key aspects of the register
(particularly "participation" and "legal effect").

The EU, Switzerland and Turkey have called for negotiations based on a
"working document" that would evolve into a draft and a final agreement.
Australia, the US, Canada, New Zealand, Japan, Chile and Guatemala have sai=
d
that positions are too far apart for that and called for members to take
another look at the register's objectives and the meaning of "facilitate"
(the term used in the TRIPS Agreement, which says that the register is to
"facilitate" the protection of individual geographical indications).

The consultations on extending higher level protection beyond wines and
spirits are chaired by Deputy Director-General Yerxa. This is an
'outstanding implementation issue' within the Doha Development Agenda.

According to trade officials, there is disagreement among Members even on
whether there is a mandate to negotiate this issue. The EU, India,
Switzerland and Sri Lanka have stressed that this is a priority issue for
them and called for the discussions to move towards a negotiation based on =
a
text. On the other hand, Argentina, the US, Australia, Canada, and Japan
have opposed this either on the grounds that there is no mandate or that
many technical questions remain unanswered, or both.

As to the review of the TRIPS section on Geographical Indications, this is
required by Article 24.2 of the TRIPS Agreement, but this is not part of th=
e
Doha Development Agenda.

According to trade officials, differences among members are on whether to
base the review on the headings of a Secretariat document compiling members=
'
answers to a questionnaire, or on the individual articles in the TRIPS
Agreement.

Arguing in favour of the former were the EU and Switzerland, while
Australia, the US and Canada preferred a review by individual articles.

According to outgoing TRIPS Council Chair Ambassador Clarke, "movement" had
been detected, "but we're not yet there".

The consultations on the relationship between the TRIPS Agreement and the
Convention on Biological Diversity are being chaired by Deputy
Director-General Yerxa.

According to trade officials, Brazil, China, Ecuador, India, Norway, Bolivi=
a
and Sri Lanka are calling for negotiations based on a text (a group of
developing countries have circulated a draft for amending the TRIPS
Agreement so that patent applications disclose the source of genetic
material and provide evidence that the applicants have complied with
conditions for obtaining consent and sharing benefits with the host
community).

On the other hand, Canada, New Zealand, Korea and Japan have said that work
on a text is premature. The US said that dialogues have been "constructive"=
.

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