English:
http://www.grain.org/publications/wipo-splt-2003-en.cfm
Español:
http://www.grain.org/sp/publications/wipo-splt-2003-sp.cfm
Français:
http://www.grain.org/fr/publications/wipo-splt-2003-fr.cfm
TITLE:
Think there's trouble at WTO? WIPO's global patent system
could be a lot worse AUTHOR: Genetic Resources Action
International (GRAIN) PUBLICATION: News release DATE: 1
October 2003 URL:
http://www.grain.org/publications/wipo-splt-news-2003-en.cf
m
En español:
http://www.grain.org/sp/publications/wipo-splt-news-2003-sp
.cfm
En français:
http://www.grain.org/fr/publications/wipo-splt-news-2003-fr
.cfm
GRAIN News Release | 1 October 2003
THINK THERE'S TROUBLE AT WTO? WIPO'S GLOBAL PATENT SYSTEM COULD BE A LOT WORSE
With the recent collapse of global trade talks in Cancún, there is a widespread feeling that the future of multilateral (global) agreements is in jeopardy. Many are asking what is to become of the TRIPS (Trade-Related Intellectual Property Rights) agreement, one of the most controversial pillars of the WTO (World Trade Organisation). Will bilateral trade agreements, with stricter rules and more room for arm twisting, now get free reign? While this is a legitimate concern, few people realise that next to TRIPS and the bilateral treaties, there is a third - and potentially more powerful - kid on the block trying to design stronger patent rights for corporations: WIPO, the World Intellectual Property Organisation.
A new briefing from GRAIN (Genetic Resources Action International) exposes the negotiations taking place at WIPO on a new patent law treaty and what they mean for countries around the world. One global patent system is an important tool for transnational corporations and large powers like the US and the EU to control a globalised economy. But it is "bad news for developing countries and their citizens, who would lose even the limited freedom they have left to adjust patent systems to national development goals". However, GRAIN says, "it is not too late for the developing world to say 'no thanks' and stop the negotiating process".
A truly global patent system, with one central office issuing patents valid in any country in the world, has long been a dream among transnational corporations and patent system strategists. Before TRIPS, it was regarded as an impossible dream, because the complete harmonisation of patent laws did not appear politically achievable. But the TRIPS agreement created the conditions for realising this dream, and WIPO was quick to react by starting up three parallel processes to make the world patent a reality.
WIPO's Substantive Patent Law Treaty picks up where the WTO TRIPS Agreement left off. TRIPS was about minimum standards for intellectual property protection - which were far too high for developing countries, but came as part of a package deal for joining WTO. The WIPO treaty will raise those standards many notches further, and will provide little - if any - space for national adaptation or exceptions.
The negotiations, GRAIN explains, have been focusing on ironing out the differences between the US and the EU patent systems, where the highest standards of monopoly privileges prevail. If developing countries sign on, they will automatically commit themselves to much more stringent rules in favour of US and European patent holders than they are commited to under WTO. And it is likely that there will be little space to deviate from the terms of the treaty.
"Developing countries need to control the international agenda of patent law harmonisation on their own terms, be it at WTO or WIPO", says GRAIN. The briefing recommends that instead of accepting US and EU standards, developing countries need to roll the harmonisation agenda back. Cancún gave a glimpse that this is possible.