Biology Reference
In-Depth Information
clarify this point, Peru has submitted a dossier of cases of patent applications that
are based on the country's biological resources without proper acknowledgement
(WTO
2007a
).
A robust debate continues, with new submissions in the WTO TRIPS Council
for and against the amendment proposal. On the main arguments, both sides
remain unmoved. Norway has sided with developing countries on the issue (WTO
2006d
: WT/GC/W/566), while Japan has proposed as a compromise the creation
of a global database on traditional knowledge that can be easily accessed by pat-
ent officials (WTO
2007b
). It remains to be seen which argument will prevail, but
the alliance of developing countries on this issue is impressive in its depth and
strength.
It is also extremely important to stress that the understanding of the term 'bio-
logical resources' by the countries that have initiated the amendment proposal
includes human genetic resources. Although this issue has not yet been at the cen-
tre of negotiations (presumably because the CBD is seen to cover the definitions
of relevant terms adequately), developing countries have made it clear that 'human
genetic resources' are not to be excluded from the amendment. In their own words:
Taking the above definitions into account, we can see that biological resources may refer
to something that exists in the natural or crude form and to the whole organism including
human beings … (WTO
2006a
).
No other international forum has taken up the issue of ABS with such force and
intensity as the WTO. ABS tends otherwise to be a side issue on the main agenda
or a formal discussion point for peripheral initiatives that deal with capacity-build-
ing and technology transfer.
At WIPO, for instance, a stage for a similar debate on intellectual property
rights commenced officially with the establishment of the Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional Knowledge
and Folklore (IGC) in 2000. The IGC mandate is to develop, first, 'guidelines, and
model intellectual property clauses for contractual agreements on access to genetic
resources and benefit-sharing, taking into account the specific nature and needs of
different stakeholders, different genetic resources, and different transfers in dif-
ferent sectors of genetic resource policy', and, second, 'appropriate provisions or
guidelines for national patent laws which facilitate consistency with measures of
States concerning access to genetic resources and which are consistent with exist-
ing international intellectual property standards' (WIPO
2001
). It has agreed upon
principles for the development of guidelines for intellectual property aspects of
ABS with regard to genetic resources, but has fallen short of developing a legally
binding international instrument, owing to limitations in the WIPO remit to
develop such instruments. The work of the IGC continues along these lines.
The debate on ABS in UNEP, on the other hand, focuses on more practi-
cal aspects of the issue. UNEP follows the CBD closely and is the designated
global agency for ABS under the CBD processes. The organization is work-
ing with national, regional and global stakeholders to aid the formalization of
ABS management systems. These include support for the ongoing finalization
