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TRIPs Progress At Hong Kong WTO Meeting
by Mary Swire, for LawAndTax-News.com, Hong Kong

27 December 2005

The Hong Kong WTO summit last week was dominated by farm trade, but members did have some time for Intellectual Property issues, and a number of initiatives were taken forward, notably in connection with TRIPs.

Ministers agreed to intensify discussions over the relationship between TRIPs and the Convention on Biological Diversity (CBD), A group of developing countries, led by India, believes that TRIPs must be amended to bring it into line with the CBD, which calls on signatories to require patent applicants to disclose the source and origin of genetic material, obtain prior consent for using it and share any benefits with local communities.

"On the unfinished agenda on development inherited from the Uruguay round is the imbalance in the TRIPs agreement between private IPRs and the intellectual heritage of communities. There is a growing popular discontent among developing countries over biopiracy and the misappropriation of traditional knowledge for commercial gain," Indian Trade Minister Kamal Nath told the WTO.

The meeting also agreed to intensify the consultative process on proposals to extend the protection of geographical indications (GIs) to products other than wines and spirits, although no progress was made on setting up an international register of GIs.

Said the Ministerial Declaration: 'We take note of the report of the Chairman of the Special Session of the Council for TRIPS setting out the progress in the negotiations on the establishment of a multilateral system of notification and registration of geographical indications for wines and spirits, as mandated in Article 23.4 of the TRIPS Agreement and paragraph 18 of the Doha Ministerial Declaration, contained in document TN/IP/14, and agree to intensify these negotiations in order to complete them within the overall time-frame for the conclusion of the negotiations that were foreseen in the Doha Ministerial Declaration.'

The WTO also renewed a moratorium on bringing complaints under TRIPs in cases where a WTO member is accused of evading its obligations without breaching the IP agreement itself.

Said the Ministerial Declaration: 'We take note of the work done by the Council for Trade-Related Aspects of Intellectual Property Rights pursuant to paragraph 11.1 of the Doha Decision on Implementation-Related Issues and Concerns and paragraph 1.h of the Decision adopted by the General Council on 1 August 2004, and direct it to continue its examination of the scope and modalities for complaints of the types provided for under subparagraphs 1(b) and 1(c) of Article XXIII of GATT 1994 and make recommendations to our next Session. It is agreed that, in the meantime, Members will not initiate such complaints under the TRIPS Agreement.'

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