[A2k] IP Watch: Collapse Of WTO Talks Washes Away Hope For TRIPS Changes

[Judit Rius Sanjuan]

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[ Picked text/plain from multipart/alternative ]
http://www.ip-watch.org/weblog/index.php?p=3D1181

Intellectual Property Watch

29 July 2008
Collapse Of WTO Talks Washes Away Hope For TRIPS Changes

By William New
Seven-year negotiations at the World Trade Organization collapsed
today after an intensive nine-day ministerial snagged on an
agricultural issue. And with the end of the Doha Round of trade
negotiations for the foreseeable future go the hopes of some members
of amending global trade rules on intellectual property to better
prevent biopiracy and to raise protection of distinctive goods
deriving from particular regions, called geographical indications.

These IP issues were discussed consistently by key delegations
throughout the period (IPW, WTO/TRIPS, 29 July 2008), but never rose
to the level of full negotiation during the WTO mini-ministerial in
Geneva that began on 21 July. The main issues remained agriculture and
manufactured goods.

The week included a number of preliminary agreements but which
contained a deadly pill in agriculture. Talks fell apart after an
agricultural safeguard measure for developing countries to raise
tariffs in cases of import surges that could not be resolved after 60
hours of deliberation. In progressive press briefings, ministers from
both sides of the issue sounded particularly disappointed that a
single issue would trip up the whole round, but Indonesia on behalf on
behalf of the Group of 33 developing nations (which was represented by
India in the group of seven governments that carried out much of the
talks) told reporters the group as well as a majority of all
developing countries tried in good faith to come up with an acceptable
text and were still engaged.

=93It cannot be said the SSM [special safeguard mechanism] broke the
negotiations, because we were ready to negotiate,=94 said Indonesia
Trade Minister Mari E. Pangestu. =93We still strongly consider an
agreement was reachable.=94 She named several other issues problematic
to ministers, including geographical indications. She also said talks
could continue at some point in the future.

Ministers and WTO Director General Pascal Lamy Tuesday night would not
predict whether talks would be resumed, but all agreed it would be
extremely unlikely to come by the target of year=92s end. But it may be
decided at the formal Trade Negotiations Committee meeting - expected
on Thursday - to capture all of the gains made so far, which might
include the IP issues, though they barely moved past procedural
questions of whether two issues have a mandate for negotiation.

The three IP issues under consideration are: 1) the establishment of
an international register of wines and spirits geographical
indications - product names associated with places and characteristics
(=93GI register=94); 2) the possibility of extending higher level GI
protection (TRIPS Article 23) to products other than wines and spirits
(=93GI extension=94); and 3) a proposed amendment to the WTO Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS) that
would bring it in line with obligations under the UN Convention on
Biological Diversity (CBD), adding a requirement for disclosure of
origin in patent applications and possibly ensuring benefit-sharing
with communities to deter biopiracy (=93CBD amendment=94).

The GI extension and TRIPS CBD amendment do not have clear negotiating
mandates in this round. All sides agree on negotiating the GI
register, which was mandated in the 2001 Doha Declaration, but they
have been far apart on details, especially legal matters.

While any continuation of this round, which began in Doha, Qatar in
2001, is unclear, ministers all stated their commitment to the WTO
multilateral system. Lamy said negotiations will always be conducted
at the WTO in some form, occasionally rising to the level of involving
ministers, which he said in his experience is often needed to achieve
real breakthroughs. But some mentioned a rethinking of the current
trading system, the WTO, and the focus of negotiations, which could
move to new topics like climate change.

Meanwhile, it remains to be seen what will happen to the TRIPS issues.
One possibility is that focus could intensify bilaterally or at other
institutions such as the World Intellectual Property Organization.

William New may be reached at wnew@ip-watch.ch.

Judit Rius Sanjuan
Attorney
Knowledge Ecology International / Essential Information
www.keionline.org / www.cptech.org
Phone: +1.202.332.2670, x18