Description

Background

As we move toward the next WTO ministerial Conference in Doha, Qatar, the compatibility of the TRIPS Agreement with the Convention on Biological Diversity (CBD) remains one of the controversial issues in ongoing negotiations at the WTO. To promote conservation and sustainable use of biodiversity, the CBD recognizes the sovereign right of countries over their biological resources. Access to, and exploitation of biological resources and related knowledge and practices is subject to prior informed consent and must give rise to equitably shared benefits. The TRIPS Agreement on the other hand requires Members to grant exclusive intellectual property rights on microorganisms and plant varieties and contains no provisions requiring prior informed consent and benefit sharing. These differences reflect the fact that, although both Agreements were negotiated practically simultaneously, they involved different ministries and agencies, very often with insufficient inter-ministerial coordination - even in OECD countries. 

Since 1999, several developing countries have repeatedly expressed the need to harmonize TRIPS with the CBD, within the framework of the reviews mandated for Articles 27.3(b) and 71.1. However, for various reasons, the debate has remained inconclusive. Unblocking the present debate will require creative thinking and concrete proposals by both developed and developing countries.  

Objective and Methodology

The objective of this roundtable is to provide substantive inputs to the debate and to contribute to the definition of language beyond TRIPS Articles 27.3(b) and 71.1 in order to include the discussion on compatibility demanded by developing countries as part of the Ministerial Declaration.

This will be achieved by sharing views and experiences among Geneva negotiators and key stakeholders, and exploring underlying interests. The meeting will bring together developing country delegates, academics and NGOs. The Roundtable will be informal and off the record - participants are invited in their own capacity, and not expected to represent the position of their country/organization. Formal presentations will be kept to a minimum, allowing for enough time for an open and frank debate.