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Kathmandu Friday June 15, 2001 Ashadh 01, 2058.
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TRIPs meet from June 18
Post Report
KATHMANDU, June 14 - Following the decision
of the WTO Secretariat to review the controversial agreement on Trade Related Intellectual
Property Rights (TRIPs) beginning this month, the TRIPs council is convening a five-day
meet starting June 18.
Information received from the WTO, Geneva,
states that Wednesday, June 20 has been set-aside for the discussion on TRIPs and
affordable medicines. However, it says that the meetings objective is not to reach
agreement, make decisions, or change the TRIPs Agreement. "How member governments
want to pursue this issue after the discussion is up to them," according to the
information.
Though the TRIPs councils meets are
regular events, the upcoming gathering is expected to discuss ways by which the agreement
review can be carried forward. This is the first time, after the WTO came into being in
1995, that the agreement would be reviewed.
The holistic review of the TRIPs agreement is
being undertaken as per the understanding reached towards the conclusion of the Uruguay
round of talks, where participating member countries had failed to reach a consensus on
the issue.
The review also comes by virtue of clause
27.3b in the TRIPs agreement that allows provisions related to patenting of life forms and
protection of plants through patents or sui generis system to be re-looked into.
The review of the provision on patenting of
life forms and protection of plant life was actually slated to take place in 1999, four
years after the WTO came into being, but could not be completed following the failed round
of ministerial talks in Seattle, USA in November/December 1999.
Apart from that provided by the clause in the
TRIPs agreement, the Uruaguay round then had decided to review the TRIPs agreement, among
others, in the year 2000. The other agreements, in addition to TRIPs, that were to be
reviewed include the Agreement on Trade Related Investment Measures (TRIMs), Agreement on
Agriculture (AOA) and General Agreement on Trade and Services (GATS). While the agreements
on AOA and GATS are currently being reviewed, TRIMs agreement is yet to be to
reconsidered.
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