And now:Ish <[EMAIL PROTECTED]> writes:


Resent-Date: Tue, 23 Feb 1999 03:12:46 -0800 
X-Sender: [EMAIL PROTECTED] 
Date: Tue, 23 Feb 1999 19:06:31 +0800 
To: [EMAIL PROTECTED] 
From: GRAIN Los Banos 
Subject: [BIO-IPR] Trade, Intellectual Property, Food and Biodiversity 

BIO-IPR resource pointer 
________________________________________________________

AUTHOR: Geoff Tansey
TITLE: Trade, Intellectual Property, Food and Biodiversity: Key issues and 
options for the 1999 review of Article 27.3(b)of the TRIPS Agreement 
PUBLISHER: Quaker Peace and Service, London
DATE: February 1999
URL: http://www.quaker.org/quno

NOTE: For further information and follow-up in using the paper, contact 
Brewster Grace at: <[EMAIL PROTECTED] >.
Key points are presented below. 
________________________________________________________


Trade, Intellectual Property, Food and Biodiversity
Key issues and options for the 1999 review 
of Article 27.3(b)of the TRIPS Agreement 

A Discussion Paper by Geoff Tansey
published by Quaker Peace & Service, London, February 1999.


There is a growing debate about how intellectual property rights, such as 
patents, will affect food, farming, and biodiversity, in particular, through 
the Agreement on Trade-Related Aspects of Intellectual Property Rights 
(TRIPS) at the World Trade Organisation and other agreements. 

This 24 page discussion paper reviews the complexities and uncertainties 
surrounding the impact of the current multilateral Intellectual Property 
Rights (IPRs) regime, on plants and animals, on plant variety protection 
systems, and on food security and agricultural biodiversity. It concludes 
that these ambiguities caution against any strengthening of such rights at 
this time. 

KEY POINTS: 

Section 1 examines the nature of IPRs, their origin and role in market 
economies, and the balance they represent between providing incentives to 
create knowledge and the desirability of disseminating knowledge freely for 
everyone�s benefit. 

Section 2 examines the clause in the TRIPS Agreement - Article 27.3(b) � 
that permits exceptions from patentability for plants, animals and 
biological processes, and includes the requirement for a sui generis system 
of IP protection for plant varieties or use of patents or both. 

Section 3 considers the key issues for the 1999 review of Article 27.3(b) � 
its scope, review options, the different positions being taken by various 
countries, and the relationship between the review and other international 
obligations, notably those under the Convention on Biological Diversity 
(CBD) and International Undertaking on Plant Genetic Resources (IU). 

Section 4 looks at some: moral and ethical issues including concerns about 
patents on lifeforms, the nature of invention, risks to democracy and, the 
lack of equity in the international negotiations. economic issues concerning 
technology transfer and R&D priorities. environmental issues relating to the 
links between patents and the rapid development of genetic engineering. 

potentially socially disruptive effects on local farming systems through 
rapid changes in the economic structure. 

Section 5 discusses the potential for practical short-term assistance in the 
review process and some longer-term issues for Official Development 
Assistance (ODA) 

Section 6 covers brief conclusions and recommendations including provision 
of short - term policy development assistance for developing countries, both 
in capitals and in Geneva, as well as suggestions for wide-ranging national 
stakeholder consultations on the issues raised by IPRs protection on 
lifeforms. 


Contacts:
QPS Brewster Grace (QUNO representative) <[EMAIL PROTECTED]
Geoff Tansey (author) <[EMAIL PROTECTED]>

_________________________________________________________
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          Tsonkwadiyonrat (We are ONE Spirit)
                     Unenh onhwa' Awayaton
                  http://www.tdi.net/ishgooda/       
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