Trade & Development - Trips

Doha Development Round: TRIPS Negotiation
Review of Article 27.3(b), Relationship with the Convention on the Biological Diversity (CBD), Protection of Traditional Knowledge and Folklore

1. Background

The TRIPS agreement has often been considered to impose unilateral obligations on developing countries, irrespective of their development status.

Discussions in international fora and among numerous stakeholders (government, private sector, researchers, civil society, NGOs) have since the end of the Uruguay Round highlighted the need for a balanced approach between, on the one hand, the economic rationale for IP-regimes and the development concerns of LDCs and developing countries, on the other hand.

Reflecting this situation, the provisions of the Doha Ministerial Declaration which deal with TRIPS provide mandates for negotiations on topics which are of key importance to LDCs and developing countries. Access to medicines, patentability of plant and animal inventions, protection of traditional knowledge and folklore and protection of geographical indications for products other than wines and spirits are all issues to be discussed within the WTO.

Switzerland aims at assuring a coherent approach between its trade policies and its international development policy and practice. To this end, seco has established a Task Force with the mandate to participate in all development related aspects of the Doha Development Agenda (DDA) with a view to propose solutions which constructively address the interests of developing countries and LDCs.

Switzerland, having an important interest in a strong international IP-System applied by and applicable to all countries wishes to make submissions that include, as far as possible, also the interests of developing countries thereby contributing to the achievement of a consensus.

2. Overall Goal and Content

The Project provides seco with an assessment of the positions of developing countries on specific TRIPS issues taking into account both the interests of major players and those of smaller and poorer developing countries;

It further provides options and recommendations for possible Swiss interventions in the TRIPS Council.

3. Objectives

The Project aims at contributing to the establishment of a coherent Swiss negotiation strategy towards TRIPS, guaranteeing that developmental aspects are taken into consideration for the definition of Swiss positions.

To this end, IDEAS Centre has submitted to seco recommendations and options that maximize development interests and views by developing countries so as to feed initiatives and positions taken by Switzerland in the WTO.

4. Activities

		IDEAS Centre has so far submitted an assessment of the various issues raised in the context of the review of article 27.3(b) TRIPS, including the protection of Traditional Knowledge and folklore and the relationship with the Convention on Biodiversity (CBD), this from their developmental aspects.
		In addition, IDEAS Centre drafted a Swiss communication on the same issues, aiming at nurturing an internal discussion on developmental aspects of the issues at stake among the negotiation team.

Contacts

Swiss State Secretariat for Economic Affairs (SECO) Trade and clean technology cooperation Effingerstrasse 1, 3003 Berne - Switzerland   www.seco.admin.ch			IDEAS Centre, Geneva Mr. Nicolas Imboden, Project director Mr. Sjoerd Visser, Project coordinator 10, rue de l’Arquebuse, 1204 Geneva - Switzerland Phone: +41 22 807 17 40 Fax : +41 22 807 17 41 Email: :sjoerd.visser@ideascentre.ch