Trade Related Aspects of Intellectual Property Rights FAO Regional Workshop on WTO Accession Damascus, October 2008 Hamish Smith Agriculture and Commodities Division

FAO Regional Workshop on WTO Accession, Damascus October What are Intellectual Property Rights?  Concept of intellectual creations  Right conferred by creation  Exclusive right to use the creation  Time-limited  Some rights require registration  Intellectual property rights are distinct from rights over physical objects

FAO Regional Workshop on WTO Accession, Damascus October Types of Intellectual Property Rights?  Industrial Property  Distinctive signs – trademarks, geographical indications  Inventions, industrial designs, trade secrets – patents, industrial designs, trade secrets  Copyright and Related (“neighbouring”) Rights  Copyright – authors of literary, artistic works  Related rights – rights of performers, rights of phonogram producers, rights of broadcasting organisations

FAO Regional Workshop on WTO Accession, Damascus October Why Have a TRIPS Agreement?  Increased role of intellectual property in trade  Economic interests associated with intellectual property rights  Disparity of intellectual property protection rules  Establishment of common standards  Stronger implementation of standards  Dispute settlement

FAO Regional Workshop on WTO Accession, Damascus October Why Are IPRs Protected?  IPRs as human / natural rights?  Encourage and reward creative work  Technological innovation:  Publication  Use  Fair competition  Consumer protection  Transfer of technology  Balance of rights and obligations

FAO Regional Workshop on WTO Accession, Damascus October Coverage  The Agreement covers five broad areas: (i)Application of basic trading principles and other international intellectual property agreements (ii)Adequate protection (iii)Enforcement of rights within territories (iv)how to settle disputes (v)special transitional arrangements

FAO Regional Workshop on WTO Accession, Damascus October Coverage  Most comprehensive multilateral agreement on intellectual property  Incorporates substantive provisions of:  Paris Convention (1967)  Berne Convention (1971)  Rome Convention (1961)  Treaty on IP in respect of integrated circuits (1989)  Copyright and related rights  Trademarks including service marks

FAO Regional Workshop on WTO Accession, Damascus October Coverage  Geographical indications  Industrial designs  Patents including the protection if new varieties of plants  The layout-designs of integrated circuits  Undisclosed information, including trade secrets and test data

FAO Regional Workshop on WTO Accession, Damascus October Basic Principles  Freedom to determine the appropriate method of implementing the Agreement (Article 1.1)  National treatment (Article 3)  MFN (Article 4,5)  Exhaustion of rights (Article 6)  Objectives (Article 7)  Principles (Article 8)

FAO Regional Workshop on WTO Accession, Damascus October Transitional Arrangements  1 January 1995: entry into force  1 January 2005: developing countries extend product patent protection to areas of technology not previously covered  1 July 2013: least-developed countries  1 January 2016: least-developed countries provide pharmaceutical patents  Other provisions, including non-backsliding provision

FAO Regional Workshop on WTO Accession, Damascus October Article 27.3(b) – Plant Varieties 3.Members may also exclude from patentability: (b)“plants and animals other than micro-organisims, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.”  Review started in 1999 but has not been finalised

FAO Regional Workshop on WTO Accession, Damascus October Article 27.3(b) – Plant Varieties Issues raised during the review of Article 27.3(b) provisions:  To provide, or not to provide, patent protection for plant and animal inventions?  That exceptions are unnecessary  That Article 27.3(b) should be maintained as is  Exceptions should be maintained but with clarification or definitions for some of the terms (e.g. micro- organism, sui generis)  Amend Article 27.3(b) to prohibit the patenting of all life forms

FAO Regional Workshop on WTO Accession, Damascus October Article 27.3(b) – Plant Varieties Issues relating to the Sui Generis protection of plant varieties “Sui Generis” – unique; of its own kind  What is an effective Sui Generis systems of protection? Specific criteria (e.g. UPOV) or left to Members to decide? Rights and exceptions – farmers privilege – farmers rights

FAO Regional Workshop on WTO Accession, Damascus October Accessions and Implementation  Provision of information on TRIPS measures  Complete a “checklist” for conformity of measures  Presentation of draft legislation?  Basic protocol commitment: “The representative of [x] stated that [x] would apply fully the Agreement Trade-Related Aspects of Intellectual Property Rights from the date of accession to the WTO without recourse to any transition period”...but each accession unique  Transition periods for implementation?  Participation in the TRIPS Council