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


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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

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

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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:

    [email protected]

Felix Addor - Disclosure Requirement


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