AIPPI Special Committee Q94 WTO/TRIPS

Transcription

1 AIPPI Special Cmmittee Q94 WTO/TRIPS Annual reprt f Special Cmmittee Q94 prepared fr the AIPPI Paris Cngress Octber 3-6, Cmpsitin f Special Cmmittee Q94 Chair: Ivan Hjertman Sweden C-Chair: Esmé Du Plessis Suth Africa Secretary: Melanie Jse Australia Members: Knrad Becker Switzerland Jiang Danming China Sun Ryung Kim Gustav Lenards Sumihir Maeda Manj G Menda Luis Schmidt Tm Smegal Suth Krea Brazil Japan India Mexic USA Respnsible reprter: Thierry Calame, Switzerland In cnstituting Special Cmmittee Q94, particular care has been taken t cnstitute a Cmmittee with a balanced and representative membership, with members frm develping and develped cuntries and frm different cntinents. Q94 regards the representative nature f its membership as an imprtant factr in identifying issues in the area f TRIPS which need t be addressed and reprted n by Q Mandate and Tasks f the Cmmittee The main tasks f the Cmmittee, as listed in its Terms f Reference, are t mnitr and advise the Bureau and AIPPI members n develpments relating t the WTO/TRIPS Agreement and its implementatin t study and advise the Bureau and AIPPI members n prpsed amendments f r additins t the TRIPS Agreement t frmulate and, with the apprval f the Bureau, t submit and represent the standpint f AIPPI vis-à-vis WTO/TRIPS 1

2 t mnitr internatinal develpments which impact n the WTO psitin/negtiatins n TRIPS t mnitr activities f ther internatinal and reginal bdies (GOs and NGOs) in relatin t WTO/TRIPS The Cmmittee als has the task t advise the Bureau n - develpments in the IP field rendering interventin f AIPPI desirable - specific TRIPS-related issues meriting further study - infrmatin and instructin t AIPPI representatives at GO meetings n TRIPS-related issues - pssibilities f cperatin with ther NGOs and GOs in the IP field The Cmmittee has, in additin, the special instructins - t crdinate its activities in regard t WTO/TRIPS-related aspects f Traditinal Knwledge, Genetic Resurces and Flklre with Special Cmmittee Q166, and - t infrm, in additin t the Bureau, the Chair and the members f the Prgramme Cmmittee and the Cmmittee Officers and members f ther AIPPI Cmmittees f relevant Q94 activities and seek, if necessary, their advice and cperatin in frmulating the views and reprts f the Cmmittee Q Reprt f the Cmmittee 3.1 Wrking methds Within Q94: regular internal meetings t cincide with AIPPI Executive Cmmittee meetings and Cngresses exchange f infrmatin by crrespndence mnitring activities, debates and wrk f WTO, the TRIPS Cuncil and the WTO Intellectual Prperty Divisin, belw named the TRIPS Cuncil Secretariat, t identify new issues and develpments and t infrm AIPPI t cllect WTO/TRIPS dcuments fr assessment f relevance t AIPPI With the TRIPS Cuncil Secretariat: regular meetings, arranged t cincide with AIPPI Cngresses and Executive Cmmittee meetings, with the WTO/TRIPS Cuncil representative attending such thse meetings n invitatin frm the Bureau regular meetings, n an annual basis, f the Chair and ther Cmmittee members as available, at the WTO premises in Geneva with the TRIPS Cuncil Secretariat exchange f infrmatin with the TRIPS Secretariat, e.g. survey reprts, AIPPI reslutins. 2

3 3.2 Review f selected activities f Q94 since the Reprt dated September 11, 2009, fr the Buens Aires Executive Cmmittee meeting (a) Meetings with the TRIPS Cuncil Secretariat Tw meetings have been held: - September 24, 2009: meeting at the WTO, Geneva, between AIPPI/Q94 and the TRIPS Cuncil Secretariat - Octber 14, 2009: meeting jintly with Special Cmmittee Q166 in the cntext f the Buens Aires ExC meeting with the TRIPS Cuncil Secretariat representative attending this ExC meeting and tw meetings are planned t be held: - September 20, 2010, at the WTO in Geneva with the TRIPS Cuncil Secretariat - Octber 3-6, 2010, in the cntext f the AIPPI Paris Cngress, meeting with the TRIPS Cuncil Secretariat representative invited t attend the Cngress. Matters taken up at the meeting September 24, 2009, included - utlk in regard t the Dha Rund negtiatins and the related TRIPS/CBD/GI issues - pssible AIPPI actin n the TRIPS/CBD issues - requests frm WTO members fr technical assistance and capacity building, and pssible AIPPI assistance - making better use f the infrmatin and updates that cntinuusly is prvided t the WTO by ntificatins f natinal/reginal IP law amendments - needs assessments fr LDCs t help with their TRIPS implementatin, and pssible AIPPI assistance - climate change and IP - IP and public health, access t medicines, and the TRIPS amendment n the Paragraph 6 system - brder measures and ther means f custms interventin against infringers, and AIPPI Q208 Matters taken up at the meeting Octber 14, 2009, included n an verriding level - general utlk in regard t the Dha Rund negtiatins - general develpments in the TRIPS Cuncil and n specific matters, a number f items n the agenda f the TRIPS Cuncil, especially - the negtiatins and discussins cncerning gegraphical indicatins, GIs 3

4 - special disclsure bligatins in patent applicatins invlving genetic resurces - the status f the nging discussins n the CBD/TRIPS issue, including the issue f special disclsure bligatins fr patent applicatins invlving genetic resurces - nn-vilatin cmplaints Als discussed was pssible areas where AIPPI might assist, including by undertaking studies: + the AIPPI study n Q208, Crss-brder measures fr the Buens Aires ExC meeting, + updating the infrmatin btained by the Q166 Questinnaire 2006 n special disclsure bligatins fr patent applicatins invlving genetic resurces + implementatin issues n a higher level f prtectin fr GIs, including their relatin t trademarks + hw certificatin and cllective marks are used in different cuntries + prtectin f undisclsed test data under TRIPS Article requests frm develping cuntries fr TRIPS related technical assistance (c) Internal meeting Octber 13, 2009 An internal Cmmittee meeting was held Octber 13, 2009, in the cntext f the Buens Aires Executive Cmmittee meeting. In regard t the Q94 wrk prgram up t the Paris Cngress, it was decided t update, in a jint prject with Special Cmmittee Q166, the Q166 study frm 2006 cncerning special disclsure requirements fr patent applicatins invlving genetic resurces. Apprval frm the Bureau fr this prject was sught and btained. Develpments in a number f ther TRIPS related tpics wuld cntinue t be mnitred. These were - TRIPS and public health: + the Paragraph 6 system: the discussin hw it is wrking + the acceptance by WTO Members f the amendment t the TRIPS Agreement - custms seizures in the EU f gds in transit, in relatin t TRIPS - prtectin f test data under TRIPS Article exceptins and limitatins t patent rights, including the ambit and effect f the s-called Blar prvisin - the implicatins f TRIPS Article 4, Mst Favured Natin s treatment. 4

5 (d) The WTO 7 th Ministerial Cnference, Geneva Nvember 30 t December 2, 2009 IH attended the 7 th WTO Ministerial Cnference, Nvember 30 t December 2, 2009, in Geneva. A reprt is available n the AIPPI website. (e) A reprt n the activities and wrk f Q94 was published in AIPPI enews N. 11, January (f) Tgether with Special Cmmittee Q166, a jint Q94/Q166 Questinnaire n the Requirement f indicating the surce and/r cuntry f rigin f genetic resurces and traditinal knwledge in patent applicatins was prepared. It was distributed February 1, 2010, and the utcme assembled, summarised and published n under Q94 and Q Fllw-up f develpments n TRIPS related matters, including the Dha Rund discussins The debate n the IP/patent system and the ptential use f what is knwn as TRIPS flexibilities cntinues t be a frequent tpic in the internatinal discussins regarding the IP system, and in particular regarding the patent system. As nted in the Q94 Reprt fr the Buens Aires Executive Cmmittee meeting 2009, TRIPS issues are taken up nt nly at the WTO, but als in the cntext f many UN rganizatins and als in the debate n different Free Trade Agreements. UN rganizatins taking up different IP and TRIPS issues frm different perspectives include f curse WIPO, and als WHO, UNESCO, UNCTAD, CBD, the UN Cmmissin fr Human Rights, ECOSOC, and UNFCCC, the United Natins Framewrk Cnventin n Climate Change. Amng specific develpments can be mentined (i) WTO/The TRIPS Cuncil: On March 12, 2010, WTO DG Pascal Lamy reprted at a meeting fr WTO members n his infrmal cnsultatins regarding the utstanding issues n CBD/TRIPS and GIs. These infrmal cnsultatins are nging since the mini-ministerial meeting held in July 2008, and in parallel with the regular discussins in the TRIPS Cuncil and in its Special Sessins n gegraphical indicatins. Mvements in the psitins f WTO members have nt been reprted. The functining f the s-called Paragraph 6 system cntinues t be debated in the TRIPS Cuncil. At the TRIPS Cuncil meeting in Octber, 2010, time has been reserved fr this tpic t be discussed in depth. As f July 13, 2010, a ttal f 29 WTO cuntry Members plus the EU and its 27 Member States had ntified acceptance f the TRIPS Amendment. Fr the amendment t enter int frce it is 5

6 required that 2/3 f the WTO Membership have accepted the amendment. As f July 13, 2010, WTO has 153 Members. The time limit fr Members t accept the amendment has been extended t December 31, 2011, and can be further extended. (ii) the WTO/WHO/WIPO Technical Sympsium n Access t Medicines held July 16, 2010 This jint WTO/WHO/WIPO sympsium cvered technical aspects and practical experiences f a number f rganizatins and NGOs n the access t medicines issue. (iii) CBD and the nging negtiatins n a Prtcl under the CBD n Access and Benefit Sharing: The use f intellectual prperty examinatin ffices fr mnitring use f genetic resurces, and special disclsure requirements fr patent applicatins invlving genetic resurces, are amng prpsed elements in a Prtcl under the CBD n Access and Benefit Sharing. It is planned that a Prtcl will be decided at the CBD COP-10 meeting in Japan Octber 18-29, (iv) WHO Wrk n implementatin f the WHO Glbal strategy and plan f actin n public health, innvatin and intellectual prperty decided in May, 2009 cntinues. (v) The 7 th WTO Ministerial meeting held Nvember 30 t December 2, 2009: AIPPI/Q94 was represented, by attendance f IH, at the WTO 7th Ministerial Meeting held in Geneva Nvember 30 t December 2, A reprt is available n the AIPPI website. At the cnference, TRIPS issues were nt prminent. Extensin t December 31, 2011, f the time limit fr acceptance f the TRIPS amendment was ne f few decisins. 5. Descriptin f infrmatin gathered by the Cmmittee See abve under sectin 4. Dcuments relevant t sectin 4 are available and can be btained n request. 6. Cmmittee Q94 general recmmendatins in regard t future issues f particular relevance fr AIPPI In the Q94 Cmmittee Reprt fr the Buens Aires Executive Cmmittee meeting, the Cmmittee reiterated a number f recmmendatins fr pssible future actin by AIPPI. In the view f the Cmmittee, these recmmendatins remain valid and are repeated belw: Recmmendatin 1 - In light f the glbal aspect/wider significance IP issues have assumed in the last decade, AIPPI shuld reslve t cnfirm that its activity extends beynd strictly defined 'scientific wrk'. Recmmendatin 2 AIPPI shuld play a mre dynamic rle as an NGO in internatinal debates and develpments affecting IP, including clser c-peratin with ther NGOs in the area f IP. 6

7 Recmmendatin 3 AIPPI shuld expand and intensify its cllabratin and interactin with WTO and WIPO. Recmmendatin 4 The Bureau shuld cnsider the pssibility f preparing infrmatin dcuments addressing IP (particularly WTO-related IP), fcussing n the rle and value f IP and technlgy transfer in different ecnmies fr general disseminatin and particularly at the next WTO event. Recmmendatin 5 AIPPI shuld expand its activities and expsure in develping cuntries and cllabrate with bdies in thse cuntries which are active in the area f IP. Q94 has been pleased t see part f these recmmendatins materialise in AIPPI wrk. Hwever, as the Cmmittee sees it, mre needs t be dne. Special Cmmittee Q94 stands ready t assist in this wrk. 7. Recmmendatin f any actin The Q94 Cmmittee will cntinue t wrk n its presently nging activities as nted abve. It will cntinue t cncretize its wrk prgram. 8. Deadline fr any actin N deadlines presently applicable. September 6, 2010 Ivan Hjertman, Chair Esmé Du Plessis, C-Chair Melanie Jse, Secretary 7