3rd Business and the Biodiversity 2010 Challenge Conference, Jakarta (30 November - 2 December 2009)New!

ABSA will participate in the upcoming Business and Biodiversity Challenge Conference in Jakarta, Indonesia. This important meeting highlights the central role of business, e.g., in identifying sustainable models and best practies to ensure sustainable uses of genetic resources for creation of long-term social and economic benefit. The Jakarta meetings also may provide a timely opportunity to share relfections and considerations on key outstanding issues in the ongoing negotiation of the ABS International Regime prior to the final negotiating session scheduled for early 2010.

 

For more information and details on the 3rd Business and Biodiversity Conference, click here.

 



Environmental Law Institute (ELI) NEWS & ANALYSIS Publishes "Discussion on Equity and Commercial Rights for Genetic Resources," (November 2009)

The ELI's transcript of a joint event with the DC Bar held following the 7th Meeting of the CBD ABS Working Group has now been published and is available for download. ABSA Executive Director Susan Finston was a featured speaker at this April 29 discussion of key issues relating to sustainable commercial uses and equitable sharing of benefits from genetic resources. Finston's presentation focused on key outstanding issues relating to the ongoing negotiation of operational text for the International Regime (IR) for Access and Benefit Sharing in the Convention on Biological Diversity (CBD) likely to be presented to Ministers for adoption in October 2010. Other speakers highlighted the difficulty of translating GRs to commercial products, the complications and difficulty of complying with mandatory disclosure obligations for companies, and alternative multilateral approaches in the FAO's International Treaty.

 

To download the Transcript of Discussion in the ELI's NEWS & ANALYSIS, click here.

To visit the ELI Store to order the November NEWS & ANALYSIS or other publications, click here.

To dowload the slides (handout format) from the ABSA presentation, click here:

For full details on the DC Bar/ELI event, click here.

Latest International Chamber of Commerce (ICC) Submissions on the ABS International Regime

The ABSA is aligned with and supports latest submissions of the ICC which address important outstanding issues in negotiation of the Access and Benefit Sharing (ABS) International Regime (IR), including with regard to treatment of pathogenic genetic materials, the Nature of the IR (legally binding, non-binding or a combination of binding and non-binding elements), treatment of traditional knoweldge (TK), and capacity building issues.

 

To download the ICC Submission on Pathogens, click here.

 

To download the ICC Submission on Nature, TK, and Capacity Building, click here.

CBD Technical and Legal Experts on Traditional Knowledge (TK) Associated with Genetic Resource issue Report on Recommendations to Promote and Protect TK Interests of Indigenous and Local Communities

Meeting in Hyderabad (16 - 19 June), the CBD's Expert Group on Traditional Knowledge considered TK issues relating to Genetic Resources and the negotiation of the Access and Benefit Sharing Regime. This report will be submitted for consideration by negotiators at the 8th Session of the Access and Benefit Sharing (ABS) Working Group, scheduled for November 2009 in Montreal. At that time, negotiators plan to complete the initial draft of Operational Text for the ABS International Regime, including measures relating to TK associated with Genetic Resources.

 

To download the Report of the TK TEG, click here.

 

WIPO Members Find Consensus Elusive on Traditional Knowledge (TK)and future Mandate for InterGovernmental Committee (IGC)

 

The 14th Session of WIPO's InterGovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore met in Geneva (29 June - 3 July), concluding without agreed recommendations on renewal of the WIPO mandate and no clear way forward. Background materials and other Decisions that were reached at the meeting can now be downloaded at the WIPO website.

 

To download materials from the 14th WIPO IGC, click here.

Final Recommendations of the 8th Session of the United Nations Permanent Forum on Indigenous Issues

Completing a two week international conference, the 8th UN meeting on indigenous issues has closed with a controversial proposal that would require all patent offices to create a binding consultative mechanism for indigenous and local communities as part of a mandatory Disclosure of Origin (DOO) process prior to issuance of any patents related to traditional knowledge. The inherent difficulty of this process can only be exacerbated by the lack of international consensus on the meaning of the term "traditional knowledge," or TK, and the lack of agreement on the requisite relationship between a given patent application and the TK itself. Further, the prevalence of TK commonly held by overlapping and different communities within the same state or across borders would create ever greater uncertainty for patent applicants.

 

To details on this and additional recommendations, click here.

 

For background on the 8th Session of the UN Permanent Forum on Indigenous Issues, click here.

Final Report and draft Operational Text for the ABS International Regime Released

The latest draft operational text for the International Regime for Access and Benefit Sharing (ABS) under negotiation in the Convention on Biological Diversity (CBD) is now available to the public as part of the final report of the Seventh ABS Working Group Meeting, held 2 - 8 April 2009 at UNESCO headquarters in Paris, France. This heavily bracketed operational text reflects strongly held positions of CBD Members. The first two sections, namely Objectives and Scope of the ABS International Regime, provide a clear roadmap of possible outcomes in terms of likely new international regulation of commercialization of genetic resources, including derivatives and products of genetic resources with or without related traditional knowledge.

 

To download the report click here.

 

For more background papers relating to ABS WG-7, click here.

SLIDESHOW: “Equity and Commercial Rights for Genetic Resources," Sponsored by the District of Columbia Bar Association and the Environmental Law Institute (29 April 2009), Washington, D.C

ABSA Executive Director Susan Finston was a featured speaker at this April 29 discussion of key issues relating to sustainable commercial uses and equitable sharing of benefits from genetic resources. Finston's presentation focused on key outstanding issues relating to the ongoing negotiation of operational text for the International Regime (IR) for Access and Benefit Sharing in the Convention on Biological Diversity (CBD) likely to be presented to Ministers for adoption in October 2010.

 

To dowloand the slides (handout format) from the ABSA presentation, click here:

 

For full details on the DC Bar/ELI event, click here.

SLIDESHOW: ABSA/CropLife International/ICC Compliance Side Event, Seventh Meeting of the CBD Ad hoc Open Ended Working Group on Access and Benefit Sharing (ABS WG-7), Paris (3 April 2009)

The ABSA/CropLife International/ICC side event focused on outcomes of the Technical and Legal Exerts Group (TEG) meeting on Compliance issues in the ABS IR, issues of high interest to the negotiators. Speakers included:

bullet José Miguel Flores Acuña, LL.M., Prof., Universidad de Concepción, President, Geintec Companies “Experience of Chile in Innovation: Walking to the Development;”
bullet Christine Akello, Senior Legal Counsel, National Environmental Management Authority, Uganda “Value of Model Clauses for Capacity Building in the ABS IR;”
bullet Himanshu Vyas, Director, Ayurnet Healthcare Pvt. Limited
“Importance to Development of Ayurvedic Industry of MFN Treatment (Non-Discrimination)”
bullet Maria Hauser, J.D., ICC International Court of Arbitration
“ICC Resources for Arbitration: Experiences of Developing Countries;” and,
bullet Susan K. Finston, J.D./M.P.P., Executive Director, Access and Benefit Sharing Alliance (ABSA)
“Industry Perspectives on Outcomes of the Compliance Technical and Legal Experts Group (TEG) Meeting.”

For web coverage provided by the Environmental Negotiations Bureau (ENB) for the ABS WG-7, including photos of the ABSA-organized side event, click here.


To download the slide presentations from the Compliance TEG Side Event, click here.

CBD Notification on Participants in Expert Group on Traditional Knowledge Associated with Genetic Resources

The CBD Secretariat has announced participants for the third Technical and Legal Experts Group (TEG), focusing on traditional knowledge associated with genetice resources, to be hosted by the Government of India and scheduled to take place on 16 - 19 June in Hyderabad, India. (Dr. Manisha Desai, Eli Lily and Co., will attend the TEG Meeting for industry, in place of Mr. Michael Hauser, Monsanto.)

To download the CBD Notification click here.

Seventh Meeting of the CBD Ad hoc Open Ended Working Group on Access and Benefit Sharing, Paris (2 - 8 April 2009)

ABSA Members have submitted views in advance of ABS Working Group 7, UNESCO Headquarters in Paris (2 - 8 April 2009) on issues scheduled for negotiation of operational text for the ABS International Regime (IR), namely: Objectives, Scope, Compliance, Fair and Equitable Benefit Sharing, and Access.

To download the ABSA Submission for ABS WG-7, click here.


For resources relating to ABS WG-7, click here.

CBD Notification on Expert Group on Traditional Knowledge Associated with Genetic Resources -- Nomination of Experts and Submission of Views

The CBD Secretariat now has requested nomination of experts and submission of views with regard to the third Technical and Legal Experts Group (TEG), focusing on traditional knowledge associated with genetice resources, to be hosted by the Government of India and scheduled to take place on 16 - 19 June in Hyderabad, India..

To download the CBD Notification click here.

"Traditional Knowledge, Genetic Resources, GIs and Trademarks; Approaches to ABS in India and the U.S.," George Washington University (GWU) Law School/Intellectual Property Owners (IPO) 6th Annual India IP Symposium, New Delhi, India (24 February 2009)

ABSA Executive Director Susan Finston moderated the GR/TK panel at the 6th Annual IP Symposium, which this year highlighted efforts by India and the United States to find common ground on protection of GR and TK both nationally and in international negotations in the CBD. Panelists for this well-attended session included:

Dr. Sachin Chaturvedi, Fellow, Research and Information System for Developing Countries (RIS)
“Objectives for the Access and Benefit Sharing (ABS) International Regime and India’s domestic legislation,”

Dr. NSV Raju, Genovo Development Services Limited*
“Importance of Patent Protection for Growth of India’s Traditional Medicine Sector,”

Mr. Nagarajan, Chairman, Plant Variety Protection Authority (India)
“India’s National Gene Bank: Ensuring Sustainable Plant Breeding and Benefit Sharing,”
Mr. T.C. James, DIPP, Ministry of Industry and Commerce
“Protection of Traditional Knowledge - the Geographic Indications Route,”
Mr. Subodh Kumar, CII, Head-IPR & APTDC
"Experiences of Producer Groups from India on GI Protection," and,
Mr. Dominic Keating, U.S. Embassy India
“Comparing GIs and protection from Trademarks and Regional Certification”

 

*On the date, Dr. Raju was not able to participate, and his slides were presented by Susan Finston.

 

To download the slide presentations, click here.

 

To download the whole two-day program, click here.

Opinion Article on "Twinning" of CBD/TRIPS and Geographic Indications (GIs)

Forbes.com has published ABSA Executive Director Susan Finston's article "Cheddarheads in Brussels," detailing how the EU and Switzerland seek to impose new trade barriers on processed high-value agicultural products at the expense of both developing and developed countries, and support mandatory patent dislcosure to advance their protectionist GI agenda. To read the article, click here.

CBD Group of Technical and Legal Experts on Compliance in the context of the International Regime (IR) on Access and Benefit Sharing, Tokyo (January 2009)

Representing the ABSA, as well as the International Chamber of Commerce Compliance Contact Grup (CCG), ABSA Executive Director Susan K. Finston participated in the Technical and Legal Expert Group (TEG) on Compliance, held in Tokyo, Japan from 27 - 30 January, 2009. The Compliance TEG provided guidance for negotiators meeting in the coming weeks in Paris for negotiation of operational text on compliance measures for the ABS International Regime.

For resources relating to the TEG on Compliance, click here.


To download the CBD Notification click here.

“The United States and the Convention on Biological Diversity: Issues in Biodiversity, Commerce, and Conservation” hosted by GWU Law and the DC Bar (November 12, 2008)

ABSA Executive Director Susan K. Finston participated in the GWU Law and DC Bar half-day program honoring CBD Executive Secretary Ahmed Djoghlaf and highlighting trade linkages between the CBD and related interntional negotiations, held at the GWU Law School in Washington DC.

For full details on the GWU Law School/DC Bar event, click here.


To download the ABSA presentation, click here.

CBD Ministerial Meeting adopts historic " Nagoya Road Map" for negotiation of an International Regime for Access and Benefit Sharing

Meeting for the Ninth Conference of the Parties (COP-9), members of the CBD adopted an historic roadmap for the elaboration and negotiation of an ABS International Regime, with adoption by the next COP, scheduled for October 2010 in Nagoya, Japan.
To download the CBD's Access and Benefit Sharing (ABS) decision adopted in Bonn, click here.

ABSA Side-Events at the Ninth CBD Conference of the Parties (COP 9), on the 21st and 28th of May 2008, in Bonn, Germany

ABSA Members organized side-events at COP 9 with the International Chamber of Commerce (ICC) as well as with BIO, BIOTECanada, and CropLife International to highlight mutual benefits to governments, local and/or tribal communities, and industry of working together on enabling Access and Benefit Sharing (ABS) environments, including legal and non-legal mechanisms. ABSA also participated in the United Nations University (UNU)/Institute for Advanced Studies (IAS) briefing series. These events included:

20 May 2008, 18:15 pm; "Business and ABS: Issues and Opportunities", This session was led by UNU-IAS with inputs from UNEP, focusing on linkages between ABS, markets and business with examples, case studies and opportunities for national action. ABSA Executive Director Susan Finston participated in this panel discussion which also included ABS experts as Geoff Burton, UNU/IAS, and Dr. Seizo Sumida, JBA.

21 May 2008, 18:15 pm; "Industry, Government and Traditional Communities: Making Capacity Building and Technology Transfer Work for ABS in Sarawak", A special address by Eileen Yen, former Director of Malaysia's celebrated Sarawak Biodiversity Center.
To download the 21 May evening ABSA/BIO/ICC side-event flyer, click here.
To download the "Environmental Negotiations Bulletin (ENB) On the Side"; coverage of the 21 May ABSA Side Event, click here.

28 May 2008, 18:15 pm; "ABS: Real World Challenges, Real World Solutions", featuring capacity building and technology transfer experiences by experts in ABS from Malaysia and Africa, and discussion of ABSA's ABS Negotiating Principles, with a focus on how ABS Stakeholders can best work together to design effective ABS regimes.

To download the 28 May evening ABSA/BIO/BIOTECanada/CLI side-event flyer, click here.

To download the; "Environmental Negotiations Bulletin (ENB) On the Side"; coverage of the 21 May ABSA Side Event, click here.

 

For the slide presentations from the 28 May ABSA/BIO/BIOTECanada/CLI side-event, click here.


ABIA Views on the Access and Benefit Sharing (ABS) International Regime (IR) Highlighted in Special Issue Business.2010 Newsletter, Volume 3, Issue 3.

In advance of the ninth CBD Conference of the Parties (COP 9), the CBD Secretariat has published a special issue of the Business.2010 Newsletter on business and biodiversity. This latest Newsletter focuses on Access and Benefit Sharing (ABS) and other priority issues before Ministers in Bonn, and includes the views of ABIA Members on the International Regime (IR) for Access and Benefit Sharing (ABS).
To download the ABIA article (Views on the ABS IR), click here.
For more information on the CBD Business.2010 Newsletter, click here.

Ninth Meeting of the Convention of Biological Diversity (CBD) Conference of the Parties (COP 9), Bonn, Germany (May, 2008)

The ninth CBD Ministerial held May 19 - 30, addressed Access and Benefit Sharing (ABS), among other priority issues, including consideration of recommendations of the ongoing work of the Ad hoc Open Ended ABS Working Group, and providing a framework for completion of the work of the ABS WG on its recommendations for the ABS International Regime by or in advance of COP 10 in 2010.
For resources relating to COP 9, click here.

"Business and Biodiversity," Bonn, Germany (April 2 - 3, 2008)

The ABIA is participating as one of 200 international NGO and business representatives attending this conference organized by the German Nature Fund (GNF) and the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, to consider progess on Access and Benefit Sharing (ABS) among other priority issues for industry, in advance of the upcoming CBD Conference of the Parties (COP-9), scheduled for May 19 - 30 in Bonn.
For the conference program and other details, click here.

WIPO Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (February 25 - 29, 2008)

At the Twelthe Session of the WIPO IGC, WIPO member countries continued work based on the renewed IGC mandate, and requested; submissions from all interested stakeholders to provide updated information relating to Genetic Resources (GR).
For information relating to the; Twelth WIPO IGC, click here.
To download all decisions from the Twelth WIPO IGC, click here.

Sixth Meeting of the Convention on Biological Diversity (CBD) Access and Benefit Sharing Working Group (ABS WG-6)

ABIA Members are active participants at the Sixth Meeting of the CBD Access and Benefit Sharing (ABS) Working Group, in Geneva, Switzerland (21 - 25 January 2008). ABIA interventions included:
ABIA Intervention on Core Objective on ABS International Regime, click here.
ABIA Intervention on Access, Legal Certainty, and Generation of Benefits (Scope), click here.

ABIA ABS Negotiating Principles, distributed by ABIA Members at ABS Working Group Six, stress the importance of transparency, equity and the equal participation of all stakeholders in the development of any International Regime on access to genetic resources and fair and equitable benefit sharing for related scientific research, sustainable development and commercialization.
To download the ABIA ABS Negotiating Principles, click here.

ABIA/BIO/CLI Industry Side-Event at ABS WG-6 in Geneva (21 January 2008)

This well-attended industry event: "Real World Experiences in ABS: Building Successful Systems by Learning from the Past," provided insights into best practices to promote bio-pharmaceutical and agricultural innovation in developing countries, experiences on the ground from Brazilian and Indian perspectives, and doing business issues relating to plant breeding.
To download the Slide Presenations from the ABIA/BIO/CLI industry Side-Event, click here.
To download the ABIA/BIO/CLI industry flyer, click here.

ABIA Convention on Biological Diversity (CBD) Information Document prepared for ABS WG-6

ABIA Members submitted an information document to the CBD Secretariat on November 30, 2007 for distribution to stake-holders in advance of the Sixth Meeting of the CBD ABS Working Group 
To download the ABIA CBD/ABS Information Document, click here.

Fifth Meeting of the Convention on Biological Diversity (CBD) Access and Benefit Sharing Working Group (ABS WG-5)

ABIA Members reached consensus on ABS Negotiating Principles and participated actively at the Fifth Meeting of the CBD Access and Benefit Sharing (ABS) Working Group, in Montreal, Canada (8 - 12 October 2007). ABIA interventions included:

ABIA Introduction, (submitted as a written statement), click here..
ABIA Intervention on Positive ABS Mechanisms, click here.
ABIA Interventions on Compliance Measures, click here.
ABIA Intervention on Certificates, click here.

The ABIA also joined with the Biotechnology Industry Organization (BIO) to present practial approaches for increased up-front benefits deriving from sustainable commercialization and use of genetic resources and related, valuable traditional knowledge at a well-attended side event at ABS WG-5 on 9 October 2007.

For the slide presentations from the ABIA/BIO ABS WG-5 side-event, click here.
For details and documents relating to CBD ABS/WG-5, click here.
For online coverage by the Earth Negotiations Bulletin (ENB) of the ABIA and broader developments at CBD ABS/WG-5, click here.

ABIA Briefing for India-European Union Forum of Parliamentarians (IEUFP) Delegation to the European Union, September 17, 2001, Brussels, Belgium

Members of the ABIA appreciated the opportunity to meet with and brief the Indian Parliamentary Delegation to the EU, organized by the Federation of Indian Chambers of Commerce and Industry (FICCI) on September 17, 2007, together with CropLife International. Speakers included:
Mrs. Susan K. Finston, Executive Director, ABIA, who provided an overview of relevant issues: "Scenesetter: Indian Patent Issues relating to Genetic Resource/Traditional Knowledge Inventions,"
Dr. Himanshu Vyas, Director, Ayurnet Healthcare Pvt. Ltd., who provided a briefing on "Importance of Development of Ayurvedic Industry of Patent Reform for Genetic Resource Inventions," and,
Dr. Manisha Desai, Patent Counsel, Lilly, who addressed the benefits to India from improving patent protection: "Increasing Legal Certainty: Benefits to Biodiverse India."

To download Mrs. Finston's slides, click here.
To download Dr. Vyas' slides, click here.
To download Dr. Desai's slides, click here.
A brief synopsis of this briefing and the entire EIUFP-FICCI Delegation visit can be found at: http://www.ieufp.org/rep_sept07.htm
History on the origins and activities of the India-European Union Forum of Parliamentarians (IEUFP) may be found at: www.ieufp.org

WIPO Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (July 2 - 12, 2007)

At the Eleventh Session of the WIPO IGC, WIPO member countries recommended continuation of the IGC mandate. For information relating to the; Eleventh WIPO IGC, click here.

WTO TRIPS Council (June, 2007)

According to IP Watch, the Africa Group (41 WTO member states), Venezuela, and perhaps other developing WTO members have joined the call by patent-disclosure demandeurs for a reopening of the TRIPS Agreement and negotiation of mandatory patent disclosure at the June 5, TRIPS Council. At the same meeting, the EU reportedly supported a more limited disclosure proposal that would provide sanctions short of patent revocation. There do not appear to be any written statements or formal proposals lodged by the Africa Group, the EU or other WTO members.

ABIA Panel: "Biotech's Stake in Access and Benefit Sharing," BIO 2007, Boston, MA (May 8, 2007, 9:15 am - 10:45 am)

The ABIA's BIO 2007 panel analyzed the challenges to the global biotechnology industry from growing pressure to dilute biotechnology patentability standards through mandatory patent disclosure; explored the latest international developments, and considered positive policy alternatives to patent-centric ABS enforcement. To learn more about the ABIA panel, the speakers and topics to be addressed, click here.

For the presentation of Ms. Janna Tom (University of California), click here.
For the presentation of Dr. Ananda M. Chakrabarty (Co-founder, CDG Therapeutics and Amrita Therapeutics), click here.
For the presentation of Dr. Alan Hesketh (Pfizer), click here.
For the presentation of Mr. Timothy Hodges (Co-Chair of the CBD/ABS Working Group), click here.

ABIA Participation in Panel at the McLaughlin-Rotman Center (MRC) for Global Health Conference, "Mobilizing the Private Sector for Global Health Development, Toronto, Canada (May 2 - 4, 2007)

The ABIA's Executive Director, Susan K. Finston, participated in the panel entitled: "International Intellectual Property and Regulatory Mechanisms," on May 4, 2007. She addressed challenges faced by developing country bio-entrepreneurs from dilution of intellectual property protection for biotechnology inventions and other regulatory challenges for commercialization of products related to genetic resource/traditional knowledge.
To download Susan K. Finston's slide presentations from the MRC for Global Health Conference, click here.
For more information on the 2007 MRC Conference, including the agenda and promotional materials, click here.

CII/ABIA Symposium, Mumbai, India (March 16, 2007)

India's biotechnology industry has grown from promise to reality over the past five years, leading Asia in terms of year-on-year growth rates, and reaching $2 billion in sales for 2007. The ABIA teamed up with the Confederation of Indian Industry (CII) to present a half-day symposium in Mumbai, India, on the potential benefits to India's bioindustry from environmentally sustainable development of its biodiversity heritage, and the need for an enabling environment to generate meaningful benefits for all stakeholders. The March 16 CII/ABIA Symposium attracted over 100 participants for a stimulating and highly interactive discussion of priority issues for the Indian biotechnology sector.
To download slide presentations from the CII/ABIA Symposium, click here.
Both Express Pharma and PHARMABIZ.COM provided coverage of the CII/ABIA meeting.
To download the CII/ABIA meeting announcement, click here.

Cross-Industry Letter to USTR Opposing Mandatory Patent Disclosure (March 2007)

Following the resumption of the WTO Doha trade talks, BIO, PhRMA, CropLife America, the U.S. Council for International Business (USCIB), the Emergency Committee for American Trade (ECAT), The National Foreign Trade Council (NFTC) and the US Chamber of Commerce joined the ABIA in a letter to United States Trade Representative Susan Schwab on the importance of full patentability for biotechnology inventions and in support of U.S. opposition to the negotiation of mandatory patent disclosure in the WTO.

ABIA Participation in GR Panel at AUTM Annual Meeting, San Fransisco, CA (March 10, 2007)

The ABIA's Executive Director, Susan K. Finston, provided an overview on the international debate over mandatory patent disclosure for GR inventions at the upcoming Annual Meeting of the Association of University Technology Managers (AUTM). AUTM is an organization of academic technology transfer practitioners seeking to promote, support and improve tech transfer in the U.S. and internationally.
For more details on the AUTM Annual Meeting, click here.
For more details on the panel (AUTM Panel D11) organized by BIO and entitled: "Intellectual Property Issues Associated with Genetic Resources and Natural Product Development," click here.
For the ABIA Chart on National Patent Disclosure Regimes, click here.

WTO TRIPS Council (February, 2007)

Dr. Jacques Gorlin, ABIA President, met with WTO delegates and members of the WTO Secretariat in Geneva following the February 13 TRIPS Council meeting. Delegates reported very little progress on the CBD/TRIPS issue, with repetition of earlier positions on the negotiation of an amendment to the TRIPS Agreement to require the disclosure on patent applications of the source or origin of any genetic materials used in biotechnology inventions. Delegations also presented their views at the most recent high-level consultation that WTO Deputy Director General Yerxa is conducting on the TRIPS-related implementation issues (extension of geographical indications and CBD/TRIPS). At this point, all sides appear to be maintaining their positions in anticipation of a possible breakthrough in the broader Doha Development Round negotiations.

ABIA Members Meet with China State Intellectual Property Office (SIPO), State Environment Protection Agency (SEPA) and Ministry of Foreign Commerce (MOFCOM), December 7, 2006, Beijing, China

As follow-up to the ABIA/SIPO Luncheon held in September 2006, in Washington, DC., ABIA members met in Beijing with Chinese officials engaged in the preparation of proposed draft patent amendments on genetic resource inventions. ABIA members expressed their view that the imposition of mandatory patent disclosure would be harmful to the development of biotechnology in China and would not promote benefit sharing. The December 7, 2006 meetings in Beijing provided an additional opportunity for continuing dialogue between industry and the Government of China on the possible unintended consequences of mandatory disclosure of source for genetic resource inventions.
For the ABIA Follow-Up Paper: Unintended Consequences of Mandatory Patent Disclosure, click here.

WIPO/IGC ABIA Side-Event (December 5, 2006)

The ABIA Side Event (December 5, 2006) reinforced industry's message that there are meaningful alternatives to patent disclosure that provide front-loaded benefits and technology transfer to developing countries and indigenous people. Speakers included:
Mr. Jorge Alberto Cabrera Medaglia, Legal Adviser to the Instituto Nacional de Biodiversidad (INBio), and Adviser to the Costa Rican Ministry of the Environment, on technology-transfer related benefits to Costa Rica through ABS Agreements over the past 15 years.
Mr. Geoff Burton, Director, Genetic Resources Management Policy, Government of Australia, on the varied forms of technology transfer included in ABS Agreements between biotechnology firms and the Queensland Government to reflect changing market conditions.
Dr. Tomme R. Young, IUCN-The World Conservation Union, on increasing the effectiveness of the ABS Regime through the appropriate use of incentives, and,
Mrs. Susan K. Finston, ABIA Executive Director, on the technology transfer lessons for ABS from the American experience in biotechnology.
For the ABIA COP-VIII Side-Event Program, click here.
For the Tables presented by Mr. Jorge Alberto Cabrera Medaglia reflecting the nature of ABS Agreements entered into by Costa Rica and their associated benefits, click here.
For Dr. Tomme R. Young's presentation on the use of positive incentives to promote ABS implementation, click here.
For Mrs. Susan K. Finston's presentation on relevant lessons for ABS from the broader technology transfer debate and the Bayh-Dole Act of 1980, click here.
For a summary of the ABIA Side-Event, including the remarks of all speakers, click here.

WTO TRIPS Council (March, 2006)

On March 14 - 15, 2006, the WTO TRIPS Council met to discuss the relationship between the TRIPS Agreement and the CBD, with a focus on Access and Benefit Sharing (ABS) issues and special disclosure obligations relating to patent applications for genetic resource inventions and related traditional knowledge (undefined). At the request of WTO members, the Secretariat recently issued a new paper summarizing discussion of the issue in TRIPS Council and related WTO member state submissions. To see the Secretariat's latest paper, click here.

On the evening of March 14th, ABIA and BIO jointly presented an industry seminar for WTO TRIPS Delegates focusing on essential elements of an enabling environment for biotechnology. To view the program, click here.

Fourth Meeting of the Convention on Biological Diversity (CBD) Access and Benefit Sharing Working Group (ABS/WG-4)

During the Fourth Meeting of the CBD Access and Benefit Sharing (ABS) Working Group, in Granada Spain, the ABIA outlined alternative models for meaningful benefits to stakeholders from genetic resources and related traditional knowledge. This included presentations by Dr. Shakeel Bhatti (WIPO) and Dr. V.K. Gupta (India CSIR – NISCAIR) on the role of traditional knowledge data bases, registries and digital libraries in providing positive benefits to stakeholders, and preventing issuance of patents lacking novelty or an inventive step by ensuring access to prior art. The presentation of Dr. Jacques Gorlin (ABIA President) provided new data on positive benefits of the India TK Digital Library in encouraging innovative research by Indian institutions on Ayurvedic and other traditional knowledge and/or medicinal plants. The ABIA presentation also advocated a contract-based ABS approach as an alternative to patent-based ABS enforcement
For the ABIA Side-Event Program, click here.
For Dr. Shakeel Bhatti (WIPO) presentation on international trends on TK Databases and Registries, click here
For Dr. V. K. Gupta (India CSIR-NISCAIR) presentation on how India's TK Digital Library has prevented issuance of patents based on prior art and promoted innovation based on Indian traditional medicine, click here
For a description of the Government of India's Traditional Knowledge Digital Library (TKDL), click here.
For Dr. Jacques Gorlin (ABIA President) presentation, click here.

The ABIA will also participate in the Eighth Conference of the Parties to the Convention on Biological Diversity or COP-8 (set for Brazil from 20 to 31 March, 2006), and related side-events to be determined. COP-8 will consider the ABS Working Group recommendations at the Ministerial level. For more information see: www.biodiv.org/convention/cops.asp

The Inter-Governmental Committee on Genetic Resources, Traditional Knowledge and Folklore mandate was renewed at the 2005 WIPO General Assembly. For more information on this and related events see: www.wipo.int/edocs/prdocs/en/2005/wipo_pr_2005_427.html

World Trade Organization (WTO) Hong Kong Ministerial Conference, December 2005

The ABIA participated as a registered Non-Government Organization (NGO) at the Sixth WTO Ministerial Meeting scheduled for Hong Kong, China (December 13 - 18), 2005, where the relationship between the WTO TRIPS Agreement and the Convention on Biological Diversity was a priority intellectual property issue for WTO Members. Additional information is available at www.wto.org/english/thewto_e/minist_e/min05_e/min05_e.htm

The ABIA recently provided its commentary on the relationship between the CBD and the WTO/TRIPS Agreement. ABIA Commentary on CBD/TRIPS

WTO Side Events

The ABIA participated in the symposium on patent disclosure sponsored by the International Centre for Trade and Sustainable Development (ICTSD), and others on 14 December, 2005 in Hong Kong. More information on this event is available at:
http://www.ictsd.org/ministerial/hongkong/tds/agenda/05-12-14/session03.1_disclosure_origin.htm

The ABIA also participated in a side-event on intellectual property sponsored by the Global Business Dialogue at the Hong Kong Convention Center, Room D, on Thursday, December 15, 2005 from 3:00 to 5:00 pm. More information on this event is available at:
http://www.gbdinc.org/main_html/events.htm

Cape Town CBD/ABS Experts Meeting, September 2005

The ABIA represented the U.S. biotechnology industry at the International Expert Workshop on Access and Benefit-sharing (ABS) in Cape Town, South Africa, September 20 to 23, 2005. For more information and the ABIA materials submitted for this event click here

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