 |
In Brief
LDC
GROUP SUPPORTS BIODIVERSITY AMENDMENT IN WTO COUNCIL ON INTELLECTUAL
PROPERTY
At a recent meeting on intellectual property at the WTO, the group
of least-developed countries come out in support of a proposal to
amend TRIPS rules to require patent applicants to disclose the origin
of genetic resources or traditional knowledge used in their inventions.
At the WTO Council
for Trade-related Aspects of Intellectual Property Rights (TRIPS)
from 23-24 October, the 32 LDC Members of the WTO officially announced
support for the biodiversity-related TRIPS amendment proposed by
a group of several developing countries including Brazil, China,
Ecuador, India, and South Africa (see Bridges Weekly, 13 June 2007,
http://www.ictsd.org/weekly/07-06-13/story4.htm).
The proposal also has the support of the African Group.
This potential
addition to multilateral trade rules has been championed by Peru,
one of the most vocal critics of the misappropriation of biological
resources and traditional knowledge through patents ("bio-piracy")
without adequate recompense. The Peruvian delegation presented to
the TRIPS Council a document on the country's experience with 'bad'
patents - those that failed to involve proof of consent or benefit
sharing. The delegation reiterated that a formal TRIPS amendment
was necessary to combat bio-piracy. It stated that "the patent
system works only if the rights of those who made the invention
possible are acknowledged… there is an urgent need to rethink
the patent system and to consider how to make it more balanced."
Brazil, India,
Pakistan, Thailand, Tanzania and other developing country backers
of the proposed new TRIPS article ('29bis') expressed support for
Peru's statements. They insist that such requirements -- with penalties
including patent revocation -- are necessary to support patent-related
obligations arising from the Convention on Biological Diversity
(CBD).
The US and Japan
are sceptical of - or outright opposed to -- claims that a mandatory
disclosure requirement in the TRIPS Agreement is necessary. They
argue that bio-piracy could be addressed by other means.
Due to this lack
of agreement, Members are set to continue discussions of the issue
at the next TRIPS Council, which is tentatively scheduled for February
2008.
For a full report
on the WTO TRIPS Council, see Bridges Weekly at http://www.ictsd.org/weekly/07-10-31/story2.htm
ICTSD reporting.
US
DRAFT CLIMATE BILLS TRIGGER TRADE CONCERNS
Two climate change bills currently under review in the US Senate include
elements that have raised concern among some trading partners because
they would require exporters of energy intensive goods to the US to
buy greenhouse gas "emissions allowances" on the US market.
The most recent
bill, introduced on 18 October by Joe Lieberman (Independent) and
John Warner (Republican), would cap greenhouse gases stemming from
75 percent of the US economy and would introduce emissions trading
and other market-based tools.
Defensive action
to mitigate potential trade and competitiveness impacts envisioned
in the draft bills would target countries without stringent climate
regulatons in place, such as China, which is currently not required
to make emissions reductions under the Kyoto Protocol. The US itself
has also rejected the Kyoto Protocol, and the actual enactment of
any legislation to cap greenhouse gas emissions is not expected in
the near future.
Meanwhile, on 25
October French President Nicolas Sarkozy called for a European levy
on imports from countries outside the Kyoto Protocol, namely the US
and Canada. European legislators have called for such border tax adjustments
from time to time, but the European Commission has not moved on the
issue, preferring a less confrontational approach (see Bridges Trade
BioRes, 18 March 2005, http://www.ictsd.org/biores/05-03-18/inbrief.htm#3).
Michael Moore,
former Director-General of the WTO, commented on the draft US legislation,
saying it "could be the focus of some disputes" at the WTO.
He questioned whether de facto price adjustments at the border were
legal, especially in cases where some trading partners were non-parties
to the environmental agreements underpinning such adjustments. The
WTO-compatibility of climate-related border tax adjustments discussed
in Europe is also contested.
Countries are set
to discuss the future of the global climate change regime at a summit
in Bali, Indonesia, from 3-14 December this year. Trade ministers
will also convene at the event.
"U.S. Senators
Propose Compulsory Greenhouse Gas Cuts," ENS, 18 October 2007;
"INTERVIEW:US Climate Change Bills Risk Trade Rows-Ex WTO Head,"
DOW JONES, 24 October 2007; "Climate change: Sarkozy backs carbon
tax, EU levy on non-Kyoto imports," AFP, 25 October 2007.
TOYS
MADE IN CHINA UNDER FIRE
A
batch of toys made in China has recently been recalled in the US
due to lead-related concerns.
Approximately
20 million Chinese-manufactured toys have been recalled in the US
over the past four months. Concerns have surfaced in other markets
as well, and over products such as dog food and toothpaste.
These issues
have gotten considerable media attention and triggered consumer
weariness in many countries. A US Consumer Report poll showed that
89 percent of consumers are aware of the recalls, with 30 percent
saying they would buy few toys for the holidays and 30 percent saying
they would not buy toys made in China.
US Congress has
started discussing new legislation to decrease the levels of lead
permitted in toys, and some congressmen have even suggested a ban
on lead-containing products altogether. It is also looking to increase
the mandate, workforce, and budget of its Consumer Product Safety
Commission (CPSC) in order to better regulate possibly harmful products.
Currently the CPSC has one staffer in charge of product inspection.
The EU is also
looking to tighten legislation.
China has raised
concerns that new product regulations in the EU and the US are branding
a "new form of protectionism" at a time when China's exports
have been growing at unprecedented levels.
"US Recalls
More China-Made Products for Lead in Paint," PLANET ARK, 26
October 2007; "Kuneva welcomes Mattel recall on lead paint
toys," NEW EUROPE: THE EUROPEAN WEEKLY, 27 October 2007; "New
Safeguards Against Lead in Thomas and Friends Toys, but Parents
Wary," ABC NEWS, 29 October 2007; "Union: Trade deals
partly to blame for lead problems," PITTSBURGH POST-GAZETTE,
30 October 2007.
FRANCE
REMAINS SUSPICIOUS OF BIOTECHNOLOGY
French
President Nicolas Sarkozy recently said he would allow no planting
of genetically modified (GM) crops in France until they were evaluated
by a new authority on genetically modified organisms (GMOs) set
to be launched later this year.
Speaking at a
national conference on the environment on 25 October, Sarkozy said
"I don't want to be in contradiction with EU laws, but I have
to make a choice. In line of the precautionary principle, I wish
that the commercial cultivation of genetically modified pesticide
GMOs be suspended." He added that this did not mean that no
GMOs would be allowed in the future.
Sarkozy's statement
came as Europe is seeking to implement a WTO ruling against EU-wide
and national moratoria on the approval of new biotech products (see
Bridges Trade BioRes, 6 October 2006, http://www.ictsd.org/biores/06-10-06/story1.htm).
European Agriculture
Commissioner Mariann Fischer Boel said a full ban on GM crops would
clearly go against the rules and that France would lose in court
if it implemented such a ban
The MON810 corn
variety, produced by US-based biotech firm Monsanto, is the only
biotech maize approved for cultivation in the EU. The corn is designed
to resist the European corn borer, a pest that attacks maize stalks
and thrives in warmer climates in southern Europe. In France, which
has been notoriously sceptical of GMOs, only 1.5 percent of cultivated
maize land was sown with GMO maize this year, but some farmers have
supported the use GM crops to boost yields.
Several EU countries
have banned the use of GM maize. Hungary, one of the EU biggest
grain producers, banned the planting of MON 810 seed in January
2005. This year, Germany decided that maize produced from MON 810
seeds could only be sold with an accompanying monitoring plan for
assessing environmental impacts. Austria is under pressure to lift
regional bans on GMOs.
In a statement,
US biotech company Monsanto said Sarkozy's statement was "incomprehensible"
and that its GMO technology helped fulfil environmental goals such
as reducing pesticide use and economising on water.
In related news,
the European Commission authorised three GM corn varieties and a
GM sugar beet on 24 October after member states had failed to reach
agreement on their approval (see Bridges Trade BioRes, 5 October
2007, http://www.ictsd.org/biores/07-10-05/inbrief.htm#4).
"France
bans GM crops before evaluation", ALLABOUTFEED.NET, 30 October
2007; "French Skepticism of GMO Crops Signals Policy Shift",
DEUTSCHE WELLE, 27 October 2007; "Monsanto Regrets Sarkozy
Stance on GMOs", REUTERS, 26 October 2007; "France Suspends
Planting of GMO Crops", PLANETARK, 26 October 2007; "EU
Environment Chief Opposes Two GMO Maizes", CHECKBIOTECH.ORG,
26 October 2007.
GEO-4:
GLOBAL GROWTH IS OUTPACING SUSTAINABLE DEVELOPMENT
Twenty years after the Bruntland Commission coined the concept of
sustainable development, a major UNEP stocktaking exercise of the
state of the global environment has found that humanity has failed
to come even close to achieving it.
The fourth edition
of UNEP's Global Environmental Outlook (GEO-4), focusing on Environment
for Development and launched on 25 October, warns that humans are
destroying the planet faster than it can regenerate. Despite best
intentions and leaps of progress - especially in cutting emissions
and ensuring clean water - there has not been enough progress to
hem in the destructive externalities of global growth. According
to the report, twenty years of political support for sustainability
has not produced enough results.
The world may
now be facing its sixth major wave of extinctions, warns the GEO-4
report. Many of our ecosystems are not being used sustainably; 64
percent are degraded. Fisheries exploitation, for example, is 250
percent above a sustainable level.
Looking at human
populations specifically, the report notes that global population
has grown 34 percent since 1987, and its growing needs are quickly
eroding the planet's resources through overfishing, deforestation,
desertification, reduction in water quality and quantity and increased
air pollution. According to a UNEP official, climate change is intricately
linked with all of these issues, and should remain on the forefront
of the battle to save the planet.
To access the
GEO-4 report, visit http://www.unep.org/geo/
ICTSD reporting;
"UN Planetary Report Paints Bleak Regional Picture," PLANET
ARK, 26 October 2007.
|
|
