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Coherence in Global Negotiations: TRIPS and CBD

This paper examines the elusive quest for coherence in global negotiations and norms, focusing on the case of TRIPS and CBD. It explores the approach taken by Switzerland at both the national and international level, highlighting the importance of coherence and mutual supportiveness. The Swiss Patent Act and proposed amendments to WIPO-PCT and WTO negotiations are discussed, along with the pros and cons of the ABS Protocol. The paper concludes by emphasizing the need for guiding principles and objectives to achieve coherence in global negotiations.

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Coherence in Global Negotiations: TRIPS and CBD

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  1. The (Elusive?) Quest for Coherence in Global Negotiations and Norms: The Case of TRIPS and CBD WTO Public Forum 17 Sept. 2010 Martin Girsberger Swiss Federal Institute of Intellectual Property ...

  2. Overview • Coherence & mutual supportiveness • Focus: disclosure requirements • Approach by Switzerland: • National level: Patent Act • International level: WIPO, WTO, CBD ...

  3. Coherence &Mutual Supportiveness • Important elements: • balanced, comprehensive approach • no conflict • no hierarchy • Where? • national positions • international instruments • their national implementation Two sides of same coin ...

  4. International Fora ...

  5. International Fora ...

  6. Swiss Patent Act — Basics • In force: 1 July 2008 • Objective: transparency in access & benefit sharing ...

  7. Swiss Patent Act — Scope • “Genetic resources” • “TK related to genetic resources”  Consistency with international instruments on access & benefit sharing ...

  8. Swiss Patent Act — “Source” • Multitude of entities involved in access & benefit-sharing • Broad concept of “source,” including: • providing country • Multilateral System • indigenous peoples • ex situ collections ...

  9. Swiss Patent Act — Sanctions • Pre-grant • Post-grant: • fine (≤ CHF 100,000) • publication of ruling • (≠ revocation of granted patent) ...

  10. International Approach by Switzerland Patent Act  basis for Swiss position in: • WIPO: PCT proposals • WTO: proponent of TN/C/W/52 • CBD negotiations ...

  11. Proposed Amendment of WIPO-PCT • Proposal: • specific text amendments for disclosure of source requirement (~ Swiss Patent Act) • concerns international patent applications • Coherence: PCT = IP instrument ...

  12. Additional Proposal – Notification System WIPO/CBD to establish on-line list of government agencies competent to receive information on declaration of source ...

  13. WTO – Proposal for Negotiation Mandate • Document TN/C/W/52: • proposes Ministerial decision defining principal parameters of negotiations on disclosure requirement in TRIPS • Details to be negotiated • supported by 108 Members • Coherence: TRIPS = IP instrument ...

  14. Pros: Protocol = ABS instrument “quick fix” Cons: Protocol ≠ IP instrument Risk of blocking negotiations ≠ USA Disclosure Requirement in ABS Protocol

  15. Summary & Conclusions • Swiss approach (disclosure requirements): • Patent Act • WIPO – WTO – CBD • Coherence & mutual supportiveness: • crucial guiding principles and objectives • at international and national level

  16. Further Information • www.ige.ch • (-> legal information -> legal areas -> intellectual property and sustainable development) • martin.girsberger@ipi.ch ...

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