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BRIDGES Trade BioRes, Vol. 4 No. 6 2 April, 2004
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I. INTELLECTUAL PROPERTY RIGHTS
- WIPO Committee Resumes Work On Genetic Resources And TK
II. COMMODITIES
- WTO Cotton Workshop Discusses Development, Leaves Trade Aside
III. TRADE IN ENDANGERED SPECIES
- CITES Rules On Ivory And Caviar Trade
IV. IN BRIEF
- International Seed Treaty Set To Enter Into Force
- Sense Of Movement In Agriculture Negotiations
- Angola Bans GM Cereal Imports, Mauritius Moves On Legislation
- UNEP Environment Forum Highlights Threats To Ecosystem
- Montreal Protocol: Exemptions Granted For Methyl Bromide
- APEC Concerned Over EU Chemicals Legislation
V. EVENTS & RESOURCES
- Events
- Resources
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Intellectual Property Rights
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WIPO COMMITTEE RESUMES WORK ON GENETIC RESOURCES AND TK
On 15-19 March, the World Intellectual Property Organisation (WIPO)'s
Intergovernmental Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore (IGC) convened for its
first meeting since its mandate was extended for another two years at
the WIPO Assemblies in October last year (see BRIDGES Trade BioRes, 3
October 2003, http://www.ictsd.org/biores/03-10-03/story1.htm). The
Committee initiated work on establishing core principles and policy
options to prevent the misappropriation of traditional knowledge (TK)
and folklore. Differences, however, arose regarding the appropriate body
to deal with questions related to disclosure requirements for genetic
resources, TK and folklore.
Identifying key principles for protecting TK and folklore
In what was described as one of the most concrete outcomes of the IGC
meeting, delegates agreed to accelerate the substantive work on
protecting TK and folklore, to be carried out along two tracks. In the
short term, the Committee will identify policy objectives and core
principles for the protection of TK and folklore, which will provide the
conceptual framework for future discussions. In the medium term, the
Committee will compile specific policy options and legal elements as
well as a brief analysis of their practical implications. This work is
expected to provide the foundations for policy-making at both the
domestic and international levels, including a possible international
instrument for the protection of TK and folklore. While no timeline has
been set, concrete outcomes are expected within the current IGC mandate,
which runs until the end of 2005. The first draft will be prepared for
the next IGC meeting in November.
The initiative will draw, inter alia, on a 15 March submission by Egypt
on behalf of the African Group, which was widely welcomed at the IGC
meeting as a suitable framework for the Committee's work. The submission
outlines objectives, principles and elements of an international
instrument (or instruments) on intellectual property in relation to
genetic resources and the protection of TK and folklore. One observer
noted that while the African (and to a lesser extent the Asian)
countries were still pushing for a legally-binding international
instrument, some countries in the Latin American and the Caribbean Group
(GRULAC), in particular the signatories of the US-Central American Free
Trade Agreement (CAFTA), appeared to be reluctant to move towards such
an instrument. However, another source pointed out that while countries
might differ on the means for providing positive protection at the
international level, there appears to be growing acceptance of the
usefulness of such protection, marking a shift from the more cautious
positions in the early days of the IGC's work.
Differing views on assessing disclosure requirements
Many developing countries, including Brazil and the African Group,
questioned whether the IGC was the appropriate body within WIPO to
respond to the invitation by the Convention on Biological Diversity
(CBD) to assess the interrelation of access to genetic resources and
disclosure requirements in intellectual property applications. The
countries expressed concerns that hosting the discussions in the IGC
would not necessarily ensure that the Committee's work flowed into other
discussions at WIPO. Other relevant bodies include the Patent
Cooperation Treaty, where Switzerland has submitted a related proposal
(BRIDGES Trade BioRes, 28 November 2003,
http://www.ictsd.org/biores/03-11-28/story2.htm) or the Substantive
Patent Law Treaty, where several developing countries have raised
biodiversity-related issues (see BRIDGES Trade BioRes, 11 December 2002,
http://www.ictsd.org/biores/02-12-11/story2.htm). The discussions at the
IGC mirrored similar debates at the CBD's Conference of the Parties
(COP) in February, where several developing countries had opposed
specific references to the IGC in the COP Decisions (see BRIDGES Trade
BioRes, 20 February 2004,
http://www.ictsd.org/biores/04-02-20/story1.htm).
Several delegations also felt that the WTO Council for Trade-related
Aspects of Intellectual Property Rights (TRIPs) would serve as a more
appropriate forum for the discussions. They expressed concern that a
debate in the IGC would distract from or pre-empt a decision by the
TRIPs Council on a proposal by a group of developing countries, calling
for disclosure requirements and evidence of prior informed consent and
benefit sharing related to genetic resources and TK in patent
applications (see BRIDGES Trade BioRes, 19 March 2004,
http://www.ictsd.org/biores/04-03-19/story2.htm). One observer, however,
noted that rather than providing an alternative forum, the IGC's work
could be used to provide the substantive basis for further discussions
in the TRIPs Council.
Given the lack of consensus on how to proceed with the CBD's request,
the Committee decided to forward the issue to the General Assembly for
consideration.
Enhancing civil society participation
Several observers noted an increased participation of non-governmental
organisations in the IGC. In particular with regard to indigenous and
local communities, discussions broadened from focusing primarily on
funding concerns to more substantive debates on how to ensure their
effective participation. The Committee agreed on several practical steps
in this regard, including the establishment of an informal consultative
forum for indigenous and local representatives in advance of IGC
sessions. They also welcomed the establishment of a website for
submissions by accredited observers, as mandated by the last IGC
meeting.
Additional Resources
IGC meeting documents:
http://www.wipo.int/documents/en/meetings/2004/igc/index_6.html.
Accredited observers' page: http://www.wipo.int/tk/en/igc/ngo/index.html
ICTSD reporting.
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Events & Resources
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EVENTS
For a more comprehensive list of events in trade and sustainable
development, please refer to ICTSD's web calendar. Please bear in mind
that dates and times of WTO meetings are often changed, and that the WTO
does not always announce the important informal meetings of the
different bodies.
Coming up in the next two weeks:
1-3 April, Kampala, Uganda: ASSURING FOOD AND NUTRITION SECURITY IN
AFRICA BY 2020. Organised by the International Food Policy Research
Institute (IFPRI) and the government of Uganda, this all-Africa
conference will bring together the traditional and new actors and
stakeholders to deliberate on how to bring about change and action to
assure food and nutrition security. For further information, contact:
Ms. Rajul Pandya-Lorch, Head, 2020 Vision Initiative, email:
r.pandya-lorch at cgiar.org; Internet:
http://www.ifpri.org/2020africaconference/index.htm
1-3 April 2003, Berlin, Germany: ENCOS 2004. This meeting will be the
first European Networks Conference on Sustainability in Practice (ENCOS)
focussing on the conditions and requirements for a new European level of
capacity building. Organised by Kolleg für Management und Gestaltung
Nachhaltiger Entwicklung. The goal of the meeting is to obtain an
inter-and transdisciplinary understanding on the latest developments in
international practice, research and education on sustainability issues.
For further information, contact: tel: (+49-30) 2936-7940; fax:
2936-7949; email: info at encos2004.net; Internet: http://www.ENCOS2004.net
2-3 April, Brussels, Belgium: CONFERENCE ON MULTILATERALISM AT RISK -
BEYOND GLOBALISATION. This Annual EU-LDC Network Conference will focus
on the implications for the relationship between the EU and the
developing countries in the fields of trade, aid, and international
security. The EU-LDC Network also announces a call for papers for the
annual conference. University students, researchers, scholars, policy
makers, civil society representatives from developing countries are
invited to participate. For further information on both the conference
and the call for papers, contact: EU-LDC Network Secretariat, tel:
(+31-10) 453-8703, fax: 452-3660, email: mar.tuells at ecorys.com,
Internet: http://62.58.77.238/conference/conference2003/index.php
7-8 April, New Delhi, India: SECOND ASIAN CONFERENCE ON BIOTECHNOLOGY
AND DEVELOPMENT. Organised by Confederation of Indian Industry (CII),
Research and Information System for the Non-Aligned and Other Developing
Countries (RIS) and World Conservation Union (IUCN). Some of the major
issues for this conference include, inter alia: agriculture, food
security and the economic contribution of biotechnology as well as
public-private partnership in financing of biotechnology: lessons from
bilateral and multilateral programmes in Asia, For further information,
contact: tel: (+91-11246) 821-7780; fax: 821-7374; email:
dgoffice at ris.org.in; Internet: http://www.ris.org.in/SecCon/SACBD.htm
15-17 April, New Haven, Connecticut, US: FOOD SOVEREIGNTY, CONSERVATION,
AND SOCIAL MOVEMENTS FOR SUSTAINABLE AGRICULTURE IN THE AMERICAS.
Organised by Yale University. This workshop will explore cutting-edge
research, on-the-ground practice, and social movements that bring
together agriculture, biotechnology, conservation, development, and food
and trade policy. Representative from academia, civil society and
farmers from various countries will speak at the workshop. For further
information, contact: The Yale Center of International and Area Studies;
tel: (+1-203) 432-3422; fax: 432-5963 or 432-9381 email:
agroecology at yale.edu; Internet: http://www.yale.edu/las/food/index.html
RESOURCES
If you have a relevant resource (books, papers, bulletins, etc.) you
would like to see announced in this section, please forward a copy or
review by the BRIDGES staff to Marianne Jacobsen, email:
mjacobsen at ictsd.ch
POSTPONED PLACING ON THE MARKET - A REPORT ON THE SECOND AND THIRD
GENERATION OF TRANSGENIC PLANTS. By Benno Vogel and Christof Potthof,
published by the Gene-ethical Network (2004). For years surveys have
shown the same picture: The majority of European consumers don't want
genetically modified food on their plates. The agro-industry and some
scientists argue that this is related to the fact that the transgenic
plants of the first generation were mainly herbicide- or
insect-resistant, and only show benefits for the farmers and not for
consumers. A summary of the report is available at Internet:
http://www.gen-ethisches-netzwerk.de/gen/html/projekte/nw_pro.html
GENETICALLY ENGINEERED ORGANISMS AND THE ENVIRONMENT: CURRENT STATUS AND
RECOMMENDATIONS. Edited by A.A. Snow et al and published by the
Ecological Society of America (February 2004) This position paper states
that GMOs have the potential to play a positive role in sustainable
agriculture but that their release into the environment could have
negative ecological impacts under certain circumstances. Noting that the
long-term ecological impacts of new types of GMOs may be difficult to
predict or study prior to commercialisation, the paper strongly
recommends a cautious approach to releasing such organisms into the
environment. The paper identifies cases where GMOs may pose risk to the
environment, including where the GMO may proliferate and persist without
human intervention, where genetic exchange is possible, or where the new
trait confers an advantage to the GMO over native species in a given
environment. For further information, see:
http://www.esa.org/pao/esaPositions/Papers/geo_position.htm
POLICY RESEARCH AND AFRICAN AGRICULTURE: TIME FOR A DOSE OF REALITY? By
S.W Omamo and J. Farrington. Produced by Natural Resource Perspectives
(NRP) and ODI (2004). This paper argues that, for the rural poor in
Africa, market failure is more the norm than the exception. Despite the
growing attention given to market imperfections of the kind highlighted
by New Institutional Economics, much policy advice on the agricultural
economy in African countries remains based on unrealistic analysis and
assumptions. To make policy advice more relevant requires a better
understanding not only of how markets (mal)function, but also of
implementation issues (what constrains implementability, how constraints
can be overcome or bypassed, and what policy measures have greater or
lesser prospects of implementation). The paper is available at Internet:
http://www.odi.org.uk/nrp/90.pdf
BANANA WARS - THE PRICE OF FREE TRADE: A CARIBBEAN PERSPECTIVE. By
Gordon Myers (Zed Books, 2004). Banana Wars tells how the US government,
answering the grievances of a single American corporation, forced the
WTO to nullify a European Community commitment to protect small
Caribbean banana growers. This book calls for new EU arrangements to
help the Caribbean banana industry beyond 2005 and for the WTO to give
greater consideration to the needs of very small states with vulnerable
economies. For further information see Internet:
http://zedweb.cybergecko.net/cgi-bin/a.cgi?1%2084277%20452%202
"WTO decision on implementation of Paragraph 6 of the Doha Declaration
on the TRIPS Agreement and public health: a solution to the access to
essential medicines problem?" By Duncan Matthews in the JOURNAL OF
INTERNATIONAL ECONOMIC LAW 7 (1, 2004) pp. 73-107. The need for a legal
solution to the compulsory license problem was outlined in the Doha
Declaration on the TRIPS Agreement and Public Health of 14 November
2001. The agreement subsequently reached by WTO Members on 30 August
2003 in response to paragraph 6 of the Doha Declaration is seen as key
to improving access to essential medicines in developing countries. This
article re-examines the negotiations that led to the 30 August agreement
and assesses its likely impact. It then argues that compulsory licensing
is one of a range of policy approaches that will ultimately assist in
improving access to essential medicines in developing countries.
"How Green is NAFTA?: Measuring the Impacts of Agricultural Trade". By
Scott Vaughan in ENVIRONMENT 46 (2, 2004) pp. 26-42. In 1993, the
Clinton administration hailed the North American Free Trade Agreement
(NAFTA) as the most environmentally sensitive trade agreement in
history. Less than a decade later, Public Citizen dismissed NAFTA's
environmental provisions as "meaningless". To assess some of the
environmental ramifications of the agreement, this article examines
changes in U.S.-Mexican agricultural trade since NAFTA's enactment.
ORGANIC FARMING: POLICIES AND PROSPECTS. By Stephan Dabbert, Anna Maria
Haring and Raffaele Zanoli (Zed Books, February 2004). This book
provides an accessible introduction to the latest scientific research on
organic farming in Europe. The organic sector has moved from a marginal
production fad to a serious subject of policy concern for politicians
and public servants involved in European agricultural policy. This book
reviews the organic farming sector today and the policies developed
towards it and assesses its contributions to environment, food quality,
farmers' incomes, and rural development. It explains the key factors
impinging on the organic farming sector in future and makes a detailed
range of recommendations for future organic farming policy. For further
information see http://www.zedbooks.co.uk
PROTECTING FOREIGN INVESTMENT: IMPLICATIONS OF A WTO REGIME AND POLICY
OPTIONS. By Carlos M Correa and Nagesh Kumar (Zed Books, February 2004).
The book provides an exploration of new WTO proposals on direct
investment, from the developing country viewpoint. The authors explain
the North's determination to give privileged protection to overseas
investments by their transnational corporations. In particular, they
focus on the WTO's General Agreement on Trade in Services (GATS) and
Agreement on Trade-related Investment Measures (TRIMS). They spell out
their consequences for developing countries. They examine whether there
is really a case for a new multilateral framework on investment within
the WTO and propose various options for developing countries in
resisting what amounts to a new form of Western protectionism. For
further information visit http://www.zedbooks.co.uk
REGIONAL INTEGRATION AND DEVELOPMENT. World Bank (March 2004). Regional
integration agreements (RIAs) can help developing countries boost growth
and reduce poverty, if they use the agreements to foster competition in
domestic markets, seek access to rich-country markets, and enhance the
credibility of their own economic reforms. This study reviews the
experience of many of the world's over 200 regional integration
agreements, and recommends eight "rules of thumb" to guide
developing-country policymakers in negotiating such accords. For further
information see
http://www.worldbank.org/research/trade/regional_integration.htm
ANOTHER REVOLUTION IN LATIN AMERICA: WHO WILL WIN? By Andrea Gash Durkin
and Ricardo Reyes (Cato Institute, March 2004). The authors argue that
the transformation of Central America from a war zone into a region of
stable democracies has been remarkably rapid -- and is thus remarkably
fragile. As Haiti has demonstrated, young democracies in this hemisphere
can descend into chaos in the blink of an eye. By offering new avenues
for commerce and incentives for reform, CAFTA can help Latin America
avoid Haiti's fate. To access the report visit
http://www.freetrade.org/pubs/FTBs/FTB-009.html
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and IUCN’s Commission on Environmental, Economic and Social Policy,
CEESP, http://www.iucn.org/themes/ceesp/index.html.
This edition of BRIDGES Trade BioRes was edited by Marianne Jacobsen,
mjacobsen at ictsd.ch. Contributors to this issue were Heike Baumüller,
Johanna von Braun, Marianne Jacobsen, Evelyn Kislig, Alex Werth, and
Michael Wolking. The Managing Editor is Heike Baumüller,
hbaumuller at ictsd.ch and the Director is Ricardo Meléndez-Ortiz,
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based at: 13, ch. des Anémones, 1219 Geneva, Switzerland, tel: (41-22)
917-8492; fax: 917-8093. Excerpts from BRIDGES Trade BioRes may be used
in other publications with appropriate citation. Comments and
suggestions are welcomed and should be directed to the Editors or the
Director.
BRIDGES Trade BioRes is made possible in 2004 through the generous
support of the Swiss Agency for the Environment, Forests and Landscape
(BUWAL). It also benefits from ICTSD's core funders: the Governments of
Finland, Denmark, the Netherlands and Sweden; Christian Aid (UK), the
Rockefeller Foundation, MISEREOR, NOVIB (NL), Oxfam (UK) and the Swiss
Coalition of Development Organisations (Switzerland).
ISSN 1682-0843
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