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

[Ujjwal Kumar]

What about the built-in review of Article 27.3(b)? The TRIPS-CBD issue can
come under that.
Even if the Doha talks have collapsed, the mandate on Members to pursue the
review of Article 27.3(b) will remain intact.


Ujjwal Kumar (Mr.)
National Consultant (Trade & Health)
Ministry of Health & Family Welfare, India
Email: ujjumish@hotmail.com

--------------------------------------------------
From: "Judit Rius Sanjuan" <judit.rius@keionline.org>
Sent: Wednesday, July 30, 2008 3:40 AM
To: <ip-health@lists.essential.org>; "a2k discuss list"
<A2k@lists.essential.org>
Subject: [Ip-health] IP Watch: Collapse Of WTO Talks Washes Away Hope For
TRIPS Changes

> --
> [ 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
>
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