THE DEBATE CONCERNING THE AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) FROM A DEVELOPMENT PERSPECTIVE

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

• End of transitional period
• transfer and dissemination of technology
• controversial debate
• technical assistance
• flexibility

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

• sui generis system
• excluding natural substances from the
  application of IPRs
• novelty requirement
• sharing of benefits

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THE BUILT-IN AGENDA
2. Indirect violation of intellectual property
rights

• Art. 64.2, transitional period of 5 years
• Option for developing countries
• To extend the transitional period

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THE BUILT-IN AGENDA
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.

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NEGOTIATING STRATEGIES
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ISSUES INCLUDED IN THE PROPOSALS

• 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

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• 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.

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• 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

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• 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