TITLE: Joint NGO Statement of Support for the Africa Group Proposals on Reviewing the WTO TRIPS Agreement (Article 27.3b) DATE: August 1999 SOURCE: Third World Network, Penang URL: < http://www.twnside.org.sg/ > http://www.twnside.org.sg NOTE: Groups and individuals wishing to sign this statement are requested to let Third World Network know by emailing to twnet(at)po.jaring.my or faxing to 60-4-2264505. JOINT NGO STATEMENT OF SUPPORT FOR THE AFRICA GROUP PROPOSALS ON REVIEWING THE WTO TRIPS AGREEMENT (ARTICLE 27.3b) We the undersigned social movements, citizen groups and non-governmental organisations would like to express our warm support for the position taken by the Africa Group of countries in the World Trade Organisation on the review of the TRIPS Agreement, Article 27.3(b), relating to patenting of life forms and plant varieties. According to the paper submitted by Kenya on behalf of the Africa Group to the WTO General Council (WT/GC/W/302, dated 6 August 1999) as part of the preparations for the WTO Seattle Ministerial Conference: ?The review process (of this Article) should clarify that plants and animals as well as microorganisms and all other living organisms and their parts cannot be patented, and that natural processes that produce plants, animals and other living organism should also not be patentable.? The paper also puts forward the view that by stipulating compulsory patenting of micro-organisms (which are natural living things) and microbiological processes (which are natural processes), Article 27.3b of TRIPS contravenes the basic tenets of patent laws: that substances and processes that exist in nature are a discovery and not an invention and thus are not patentable. It adds: "Moreover by giving Members the option whether or not to exclude patentability of plants and animals, Article 27.3b allows for life forms to be patented.? It calls for the review process to clarify why Article 27.3b does not provide Members with the option of excluding microorganisms and microbiological processes from patentability. The paper says an artificial distinction was made between what can be excluded from patents (plants and animals; biological processes) and what must be patented (microorganisms and microbiological processes). The above points made by the Africa Group are very significant and crucial, and correspond to the concerns raised by many citizen groups, farmers? organisations, environmental groups and development groups around the world. These groups have been campaigning against the patenting of life forms and biological materials because such patents would allow the private monopolisation of life and of biological resources, and would cause serious adverse effects on development, food security, the livelihoods of millions of farmers, on the environment. Such patents are also facing objections from the public on ethical, religious and moral grounds. We congratulate the Africa Group for their principled and well thought out position on this issue, and we urge other Member states of the WTO to endorse their position on the review of this part of TRIPS Article 27.3b. The Africa Group paper also gives a clear direction to the review of another part of Article 27.3b, which specifies that Members shall provide for the protection of plant varieties either through patents or an effective sui generis system. The paper says that the review must clarify that developing countries can opt for a national sui generis law that protects innovations of indigenous and local farming communities (consistent with the Biodiversity Convention and the FAO?s International Undertaking); that allows the continuation of traditional farming practices including the right to save and exchange seeds and sell their harvests; and that prevents anti-competitive rights or practices that threatens food sovereignty of people in developing countries. It adds that the review should harmonise Article 27.3b with the provisions of the CBD and the FAO?s International Undertaking, in which the conservation and sustainable use of biological diversity, the protection of rights and knowledge of indigenous and local communities, and the promotion of farmers? rights are fully taken into account. These points made by the Africa Group are very important in recognising the rights of people in developing countries (as well as in developed countries) to protect the traditional knowledge and biological resources of indigenous, farming and local communities. These points in fact also correspond to the demands of civil society and farmers? groups around the world, that patenting of plant varieties should not be allowed, and that a proper system of protection of knowledge on the use of biological resources should indeed protect the knowledge of local communities and should prevent the appropriation of such knowledge by private corporations (an act, known as biopiracy, that is now prevalent as more and more multinational companies are being granted patents on plants and other biological resources as well as for their traditionally-known uses and functions). We believe that WTO Member states must have the option of a national system of plant varieties protection that protects the rights of indigenous, farming and local communities and their knowledge. The review process must clarify this so there is no mistake in interpretation on what constitutes an effective sui generis system. WTO Members must be allowed to introduce systems of their choice, including those that adhere to the principles of recognising the rights of these communities, in order to ensure food security, livelihoods and the development of sustainable agriculture. We believe that the position of the Africa Group has contributed immensely to clarifying these demands, and we thus congratulate the Africa Group Members in the WTO for their stand on this matter. We therefore: (1) Endorse the positions taken by the Africa Group on both aspects of the review of Article 27.3b of TRIPS, i.e. the patenting of life, and the sui generis systems for plant varieties protection. (2) Call on all other Members States of the WTO to support the positions of the Africa Group on the review of Article 27.3b. (3) Call on the WTO Members to formulate a Section in the Ministerial Declaration of the forthcoming WTO Ministerial Conference in Seattle, that the positions of the Africa Group will be adopted in the review of Article 27.3b and that appropriate revisions will be made to the TRIPS Agreement to reflect this. (4) Call on the WTO Members to amend the TRIPS Agreement as soon as possible to remove its present ambiguities and objectionable provisions and terms that now oblige Members to change their national laws to enable patenting of life forms and to promote biopiracy or the private appropriation of traditional knowledge and community resources. This should be a priority objective for the WTO?s Seattle Ministerial Conference. Organisations supporting or endorsing the statement: Third World Network TEBTEBBA Foundation Inc, Philippines UBINIG (Policy Research for Development Alternative), Bangladesh Instituto Latinamericano De Servicios Legales Alternativos (ILSA), Colombia Africa Trade Network, Ghana Public Interest Research Group, India Deccan Development Society, India Kalyanamitra, Indonesia International NGO Forum on Indonesian Development (INFID), Indonesia KONPHALINDO, Indonesia EcoNews Africa, Kenya Korean House for International Solidarity (KHIS), Korea Policy and Information Centre for International Solidarity (PICIS), Korea Korean Women Workers Association United (KWWAU), Korea Seoul Women Workers Association, Korea Hyundai Association of Trade Unions, Korea Consumers Association of Penang, Malaysia Women's Development Collective, Malaysia Wayang, Thailand The Network, Pakistan Association for Rational use of Medication in Pakistan BEDARI, Pakistan GABRIELA, Philippines Bagong Alyansang Makabayan (BAYAN), Philippines Asia Pacific Forum Women, Law and Development (APWLD), Philippines IBON Foundation Inc. Philippines The Philippine Greens, Philippines Legal Rights and Natural Resources Center, Philippines Development Alternatives with Women of the New Era (DAWN)-South East Asia Forum-Asia, Thailand Assembly of the Poor, Thailand Project for Ecological Recovery (PER), Thailand Asian Indigenous Women?s Network Institute for Sustainable Development, Ethiopia (Groups and individuals wishing to add their names to this list are requested to let Third World Network know by emailing to twnet(at)po.jaring.my or faxing to 60-4-2264505.)