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IP and biodiversity in bilateral trade agreements:

IP and biodiversity in bilateral trade agreements:. A journey towards mutual supportiveness?. María Julia Oliva WTO Public Forum, September 2010. Concerns. TRIPS-plus Great scope, more requirements, less flexibility US FTAs Patentable subject matter TRIPS exceptions Patents on plants

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IP and biodiversity in bilateral trade agreements:

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  1. IP and biodiversity in bilateral trade agreements: A journey towards mutual supportiveness? María Julia Oliva WTO Public Forum, September 2010

  2. Concerns • TRIPS-plus • Great scope, more requirements, less flexibility • US FTAs • Patentable subject matter • TRIPS exceptions • Patents on plants • Link to other treaties and conventions • UPOV Convention 1991

  3. Understanding? • US-Peru, US-Colombia • Recognition of concerns • Value of biodiversity, TK in relation to SD • Importance of PIC, equitable sharing of benefits, quality patent examination • Role of contracts • Information exchange: Databases, citation of relevant prior art • Legal nature? Enforcement?

  4. Collaborating? • Canada ECA • Reaffirmation of CBD principles • Information exchange system to prevent illegal access and to advance equitable benefit sharing • Limitations • No link to IP

  5. Partnering? • EU-CARIFORUM • In cooperation, but also in IP section • Focus on protection of TK, subject to national law • Mutually supportive implementation • Possible requirement of disclosure of source • Reference to multilateral discussions

  6. Partnering? • EU-Colombia, EU-Peru • Section on protection of biodiversity, TK (with exclusions) • Recognition value, contribution, CBD principles • Collaboration terminology • Exchange of information on patent applications, particularly on prior art • Usefulness of disclosure of origin or source + applicable effects of any such requirement

  7. Partnering? • EFTA-Colombia, Peru • Section on biodiversity in IP chapter • Reaffirmation CBD • Requirements on declaration of origin, PIC (within national laws, with sanctions) • Collaboration non-compliance • Link to national grants, examination • Efforts for plant patent protection

  8. Implications • The big difference… • But... • Risks remain • Implementation • Cooperation • Moving to concrete obligations? • Post-ABS protocol? • Impacts on the ground?

  9. Implications • Feed-back into multilateral negotiations? • Linkages within IP negotiations • Range of mechanisms to increase mutual supportiveness • What next?

  10. Thank you. Paper is available at www.ictsd.ch mjuliaoliva@gmail.com

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