A Business-oriented overview of Intellectual Property for Law

A Business-oriented overview of Intellectual Property for Law Students WIPO, Geneva 20 – 22 March 2006 WTO and the TRIPS Agreement Wolf R. MEIER-EWERT WTO Secretariat

WTO - FACT FILE Location: Geneva, Switzerland Established: 1 January 1995 Created by: Uruguay Round negotiations (1986-94) Membership: 149 countries (11.12.2005) Budget: 169m Swiss francs, 2005 Secretariat staff: 600 Head: Director-General Pascal Lamy Functions: Administering WTO trade agreements Forum for trade negotiations Handling trade disputes Monitoring national trade policies Technical assistance and training for developing countries Cooperation with other international organizations

What is the WTO? forum for negotiations Somewhere to talk agreed rules and commitments with basic principles for trade and dispute settlement memberdriven supporting Secretariat

Agreement on trade-related aspects of intellectual property rights (TRIPS) Annex 1C of WTO Agreement Coverage – most comprehensive multilateral agreement on intellectual property to date – incorporating substantive provisions of: Paris Convention (1967) Berne Convention(1971) Rome Convention (1961) Treaty on IP in Respect of Integrated Circuits (1989)

"Incorporation" Technique Existing conventions To avoid re-opening of existing texts To negotiate the "plus" elements To have a short but comprehensive text Conventions fully incorporated or almost fully incorporated Plus elements Conventions with very few elements incorporated Paris Berne Rome IPIC

TRIPS: Main features (1) Coverage of TRIPS Areas of intellectual property covered: copyright and related rights trademarks including service marks; geographical indications including appellations of origin; industrial designs; patents including the protection of new varieties of plants; the layout-designs of integrated circuits; and undisclosed information, including trade secrets and test data.

TRIPS: Main features (2) Enforcement Provisions General Principles applicable to IPRs Specifies Procedures that must be available Dispute Settlement Part of the integrated Dispute Settlement System of the WTO No unilateral action by Members allowed

TRIPS Basic Principles (1) Freedom to determine the appropriate method of implementing the Agreement (Art. 1.1) National treatment (Art. 3) Most-favoured nation treatment (MFN) (Art. 4, 5) Exhaustion of rights (Art. 6); see (WT/MIN(01)/DEC/2) Objectives (Art. 7); see WT/MIN(01)/DEC/2 Principles (Art. 8); see WT/MIN(01)/DEC/2

TRIPS: Basic principles (2) National treatment – forbids discrimination between a Member's own nationals and the nationals of other Members Most-Favoured-Nation Treatment – forbids discrimination between the nationals of other Members

TRIPS - Transitional arrangements 1 Jan. 1995: entry into force 1 Jan. 2005: developing countries extend product patent protection to areas of technology not previously covered 1 July 2013: least-developed countries 1 Jan. 2016: least-developed countries provide pharmaceutical patents Other provisions – non-backsliding provision – special transitional arrangements in certain cases – mail-box and exclusive marketing rights

2001 Doha Declaration: TRIPS Emphasized that TRIPS should be supportive of public health – See separate declaration September 2003 deadline for negotiations on wine and spirit GI registration TRIPS Council reviews to consider biological diversity, traditional knowledge and development objectives

TRIPS in the WTO Doha Development Agenda Trade Negotiating Committee TRIPS Council General Council Neg Group on Market Access Neg Group on Rules Special Sessions TRIPS Council Special Session

TRIPS Council – Regular Session and Special Session TRIPS COUNCIL REGULAR SESSION SPECIAL SESSION Review of legislation, public health, Biotech./TK/biodiversity, etc. Chair: Trevor Clarke, Barbados Negotiations /mult. System of notif. & reg. of GIs for wines and spirits Chair: Manzoor AHMAD, Pakistan

TRIPS Council: Regular Activities Notifications by Members under various provisions Notifications under Article 63.2 (laws, regulations and practices) Review of national legislation (laws, regulations and practices), including process of questionsreplies, presentations in the meeting, follow-up questions-replies Merits of the process in general: transparency (dispute prevention effect); valuable source of information; right of all Members to pose questions

TRIPS Council: Current Issues Public health Finding a solution for countries with no or insufficient manufacturing capacity in the pharmaceutical sector to make effective use of compulsory licensing (Decision of 6 December 2005; IP/C/41) Geographical indications multilateral register for GIs for wines and spirits discussions on "extension“ „clawback“ proposal by the EC in Agriculture Biotechnology/traditional knowledge/biodiversity discuss the relationship between the Convention on Biological Diversity (CBD) and the TRIPS Agreement Introduction of a disclosure requirement for patent applicants proposed by Brasil, India and others.

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