SPROUTING UP: REVVING UP THE TRIPS REVIEW

Sprouting Up: REVVING UP THE TRIPS REVIEW

December 2000

Negotiations on the review of Article27.3(b) of the TRIPS (Trade-Related Intellectual Property Rights) agreement have been at a stalemate since the review began in December 1998. The US, EU and some other developed countries are still resisting a substantive review, which the majority of developing countries in the World Trade Organisation (WTO) have called for. The most comprehensive proposal from the developing countries is articulated in the paper by the African Group, dated 6 August 1999 (WT/GC/W/302). The African Group’s proposals have received much support from other developing countries in the WTO, as well as, civil society groups, farmers’ movements and NGOs.

However, within the WTO, no real discussion has taken place on these proposals, which seem to be deliberately sidelined at every TRIPS Council meeting. It is therefore crucial that civil society groups around the world mobilise to pressure WTO member countries to break the stalemate and 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. A mandated review means that proposed changes can be negotiated without the risk of being traded-off against other proposals on other agreements.

(2) The transition period for the implementation of Article 27.3(b) expired on January 1, 2000. This means that the majority of the developing countries are now legally obliged to implement Article 27.3(b) within their national laws. Otherwise, they face the imminent threat of being taken to the dispute settlement body of the WTO.

(3) Even now, patents on life are being granted almost indiscriminately by patent offices, mostly in the North. The patent system is being used to facilitate the theft of biological resources and traditional knowledge from the South. The monopoly control over such essential resources will also have tremendous impact on food security and the livelihoods of farmers and communities in the developing countries.

Third World Network encourages the following actions:

1. Sign on to the Joint NGO Statement on the review of Article 27.3(b)

2. Help disseminate this Statement, and ask others to sign on to it.

3. Join in the global campaign against No Patents on Life.

4. Tell us about your campaigns and actions.

To see the Joint NGO statement, contact Martin Khor/Cecilia Oh at the Third World Network, Penang, Malaysia, Email: [email protected] Web: http://www.twnside.org.sg