WTO After 10 Years:
Download
1 / 16

Felix Addor Head of the Swiss Delegation to the WTO/TRIPS-Council Deputy Director General - PowerPoint PPT Presentation


  • 113 Views
  • Uploaded on
  • Presentation posted in: General

WTO After 10 Years: Global Problems and Multilateral Solutions Geneva, 21 April 2005. Addressing the Disclosure Requirement at the International Level – The Role of the TRIPS Agreement?. Felix Addor Head of the Swiss Delegation to the WTO/TRIPS-Council Deputy Director General

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha

Download Presentation

Felix Addor Head of the Swiss Delegation to the WTO/TRIPS-Council Deputy Director General

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


Felix addor head of the swiss delegation to the wto trips council deputy director general

WTO After 10 Years:

Global Problems and Multilateral Solutions

Geneva, 21 April 2005

Addressing the Disclosure Requirement at the International Level – The Role of the TRIPS Agreement?

Felix Addor

Head of the Swiss Delegation to the WTO/TRIPS-Council Deputy Director General

Swiss Federal Institute of Intellectual Property, Bern

Felix Addor - Disclosure Requirement


Overview
Overview

  • Swiss proposals re. disclosure of source:

    Policy objectives

     Main features

  • Evidence of prior informed consent (PIC) and benefit sharing

  • Role of WIPO / PCT & PLT Agreements

  • Role of WTO / TRIPS Agreement

Felix Addor - Disclosure Requirement


Policy objectives of the swiss proposals
Policy Objectives of the Swiss Proposals

“The Four T’s”:

  • Transparency in access and benefit sharing

  • Traceability for providers of genetic resources and traditional knowledge

  • Technical prior art regarding traditional knowledge

  • Mutual Trust among the various stakeholders

Felix Addor - Disclosure Requirement


Feature 1
Feature 1

= Requirement to disclose source of genetic resources and traditional knowledge in national and international patent applications

 Amendment of WIPO / PCT and PLT

Felix Addor - Disclosure Requirement


Feature 2
Feature 2

Terminology:

  • “Genetic resources”

  • “Traditional knowledge associated with genetic resources”

    in consistency with international agreements

    on access and benefit sharing

    (CBD, Bonn Guidelines and FAO International Treaty)

Felix Addor - Disclosure Requirement


Feature 3
Feature 3

A multitude of entities may be involved in access and benefit sharing

 Broad concept of „source“ of genetic resources and traditional knowledge

Felix Addor - Disclosure Requirement


Feature 4
Feature 4

The scope of the obligation to declare the source:

  • Invention makes immediate use of the genetic resources (= depend on the specific properties of this resource)

  • Invention is directly based on traditional knowledge (= inventor must consciously derive invention from this knowledge)

Felix Addor - Disclosure Requirement


Feature 5
Feature 5

  • Require declaration of source also in international patent applications

  • Include declaration of source in international publication of patent application

Felix Addor - Disclosure Requirement


Feature 6
Feature 6

Sanctions:

  • Current sanctions of PCT (Rule 51bis.3(a) PCT Regulations) and PLT (Article 10 PLT)

  • National (criminal) sanctions such as

    • fines

    • publication of ruling

Felix Addor - Disclosure Requirement


Feature 7
Feature 7

Notification system:

Establishment of an on-line list of government agencies competent to receive information on the declaration of source

Felix Addor - Disclosure Requirement


Feature 8
Feature 8

Optional introduction at national level (“enabling clause”) 4 advantages:

  • Faster progress

  • Possibility to gain experience without prejudice to further international efforts

  • Switzerland (and many other European countries)plans to introduce the requirement

  • No additional obligations for developing countries (esp. LDCs)

Felix Addor - Disclosure Requirement


Draft revision of swiss patent law
Draft Revision of Swiss Patent Law

  • Draft requirement to declare the sourceof genetic resources and traditional knowledge in the patent application(Art. 49a)

  • Draft Sanctions for wrongful declaration(Art. 81a):

    • fines up to CHF 100’000

    • publication of ruling

Felix Addor - Disclosure Requirement


Evidence of prior informed consent and benefit sharing
Evidence of Prior Informed Consent and Benefit Sharing

  • A number of legal and practical problems

  •  Swiss approach:

    • declaration of the source

    • notification system

Felix Addor - Disclosure Requirement


The role of the trips agreement
The Role of the TRIPS Agreement?

  • Relevant Provisions:

    • Art. 27.1

    • Art. 29.1

    • Art. 62.1

  • Position of Switzerland: No amendment necessary

Felix Addor - Disclosure Requirement


Pct plt vs trips agreement
PCT / PLT vs. TRIPS Agreement

  • Amendment of:

    • PCT = regulations

    • TRIPS = agreement

  • Necessary votes:

    • PCT = 2/3 majority

    • TRIPS = consensus

Felix Addor - Disclosure Requirement


Further information
Further information

  • Swiss proposals re Disclosure:

    www.ige.ch/E/jurinfo/j105.shtm#6

  • Revision of Swiss patent law:

    www.ige.ch/E/jurinfo/j100.shtm

  • For more information:

    felix.addor@ipi.ch

Felix Addor - Disclosure Requirement


ad
  • Login