1 THE DEBATE CONCERNING THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPs) FROM A DEVELOPMENT PERSPECTIVE Simonetta Zarrilli UNCTAD

2 MAIN QUESTIONS FROM A DEVELOPMENT PERSPECTIVE: AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPs) End of transitional period transfer and dissemination of technology controversial debate technical assistance flexibility UNCTAD

3 1. Article 27.3, paragraph b Patentability of Plants and animals (i) WTO members can exclude from patentability plants and animals, and essential biological processes for the production of plants and animals. Very controversial subject THE BUILT-IN AGENDA UNCTAD

4 (ii) Microorganisms, non-biological and microbiological processes for the production of plants and animals must be governed by the patent system (iii) Plant varieties must be protected by patents, by a “sui generis” system or by a combination of both. UNCTAD

5 sui generis system excluding natural substances from the application of IPRs novelty requirement sharing of benefits UNCTAD OPTIONS OPEN TO DEVELOPING COUNTRIES

6 2. Indirect violation of intellectual property rights Art. 64.2, transitional period of 5 years Option for developing countries To extend the transitional period THE BUILT-IN AGENDA UNCTAD

7 3. (i) negotiations for additional protection of geographical indications of wines and spirits. (ii) negotiations for establishing a multilateral system of notification and registration of geographical indications for wines and spirits to facilitate their protection. Article 23. THE BUILT-IN AGENDA UNCTAD

8 COMPREHENSIVE REVISIONMINIMAL REVISION SYSTEMATIC REVISION CONCERNING SPECIFIC ISSUES TECHNOLOGY TRANSFER PUBLIC HEALTH COMPETITION NEGOTIATING STRATEGIES UNCTAD

9 To extend the transition period (Article 65); Cuba, Egypt, Honduras To extend the high level of protection given to wines and spirits to other products (Article 23); Cuba, Egypt, Honduras, India, Indonesia, Kenya, Nicaragua, Pakistan, Czech Republic, Dominican Republic, Turkey ISSUES INCLUDED IN THE PROPOSALS UNCTAD

10 To extend the transitional period related to indirect violation of intellectual property rights (Article 64.2); Canada, Colombia, Egypt, Kenya, Latvia, Venezuela To end the transitional period related to indirect violation of intellectual property rights; USA. UNCTAD

11 To eliminate the possibility of applying the rules on indirect violation in the field of intellectual property rights; India Effective application of Articles 7 and 8.2 regarding transfer of technology; India, Venezuela Protection of plant varieties (Article 27.3, b); Egypt, Kenya UNCTAD

12 Compatibility between the rules of the Convention on Biological Diversity (CBD) and TRIPs; Egypt, India, Kenya, Venezuela Inclusion in TRIPs of new IPRs agreements in order to obtain a higher level of IPRs protection; Japan, EC UNCTAD