Patents on Life in TRIPs.

• Author: Khor, Martin
• Position: Trade-Related Intellectual Property Rights

The WTO Council for TRIPs (Trade-Related Intellectual Property Rights) convened from November 27--December 1, 2000. As with the previous meetings of the TRIPs Council, the mandated review of Article 27.3 (b) of the TRIPs Agreement was on the agenda.

However, the negotiations on the review have been at a stalemate; with little progress being made since the review process started in December 1998. The US, EU and some other developed countries are still resisting a substantive review of Article 27.3 (b), which the majority of developing countries in the WTO have called for. The most comprehensive proposal from the developing countries is articulated in the paper by the African Group, and submitted by Kenya on its behalf, dated 6 August 1999 (WT/GC/W/302). The African Group's comprehensive proposals have received much support from other developing countries in the WTO, as well as civil society groups, farmers' movements and NGOs.

In August 1999, the "Joint NGO Statement of Support On the review of Article 27.3 (b) of the TRIPs Agreement" was issued. This Statement now has over 600 signatories from around the world.

However, within the WTO itself and in the TRIPs Council, no real discussion has taken place on the proposals outlined by the African Group. The concern is that with each TRIPs Council meeting, the attempt has been made to sideline the African Group proposal, and to detract from a meaningful discussion on the merits of the proposal, and to avoid a revision of Article 27.3 (b).

Further, in September 2000 in a letter to Pascal Lamy, the EU Commissioner for Trade, NGOs demanded (among other things) that the EU change its negotiating position on the TRIPs review, to support the African Group proposal. At the recent TRIPs Council meeting, the African Group had again, in a paper submitted by Mauritius, dated 20 September 2000 (IP/C/W/206) reiterated their proposals.

It is therefore crucial that civil society groups around the world mobilize to pressure WTO member countries to break the stalemate in the TRIPs Council, and to press for a revision of Article 27.3 (b), as soon as possible. This pressure is needed now, because:

1. The mandated review of Article 27.3 (b) represents perhaps the only real opportunity to change this provision that allows for patents to be granted on life forms. Such a review, if it is properly done, has the advantage of being more focused, thus encouraging a better analysis of the issues. A mandated review means that...