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 Kathmandu Friday June 15, 2001 Ashadh 01,  2058.


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 meeting’s 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 council’s 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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