---------- Forwarded message ----------
Date: Tue, 7 Sep 1999 21:05:14 -0700
From: International Bicycle Fund <[log in to unmask]>
Reply-To: [log in to unmask]
To: "wa-afr-network @egroups.com" <[log in to unmask]>
Subject: [wa-afr-network] Fw: African position on patenting of life forms.


-----Original Message-----
Date: Thursday, August 26, 1999 8:40 PM
Subject: Info for African Summit: African position on
patenting of life forms.


>TITLE: Joint NGO Statement of Support for the Africa Group
Proposals
>on Reviewing the WTO TRIPS Agreement (Article 27.3b)
>DATE: August 1999
>SOURCE: Third World Network, Penang
>URL: <http://www.twnside.org.sg/http://www.twnside.org.sg>
>NOTE: Groups and individuals wishing to sign this statement
are
>requested to let Third World Network know by emailing to
><[log in to unmask]> or faxing to 60-4-2264505.
>________________________________________________________
>
>JOINT NGO STATEMENT OF SUPPORT FOR THE AFRICA GROUP
PROPOSALS ON
>REVIEWING THE WTO TRIPS AGREEMENT (ARTICLE 27.3b)
>
>We the undersigned social movements, citizen groups and
>non-governmental organisations would like to express our
warm support
>for the position taken by the Africa Group of countries in
the World
>Trade Organisation on the review of the TRIPS Agreement,
Article
>27.3(b), relating to patenting of life forms and plant
varieties.
>
>According to the paper submitted by Kenya on behalf of the
Africa
>Group to the WTO General Council (WT/GC/W/302, dated 6
August 1999)
>as part of the preparations for the WTO Seattle Ministerial
>Conference:
>
>The review process (of this Article) should clarify that
plants and
>animals as well as microorganisms and all other living
organisms and
>their parts cannot be patented, and that natural processes
that
>produce plants, animals and other living organism should
also not be
>patentable.
>
>The paper also puts forward the view that by stipulating
compulsory
>patenting of micro-organisms (which are natural living
things) and
>microbiological processes (which are natural processes),
Article
>27.3b of TRIPS contravenes the basic tenets of patent laws:
that
>substances and processes that exist in nature are a
discovery and not
>an invention and thus are not patentable.
>
>It adds: "Moreover by giving Members the option whether or
not to
>exclude patentability of plants and animals, Article 27.3b
allows for
>life forms to be patented.
>
>It calls for the review process to clarify why Article
27.3b does not
>provide Members with the option of excluding microorganisms
and
>microbiological processes from patentability. The paper
says an
>artificial distinction was made between what can be
excluded from
>patents (plants and animals; biological processes) and what
must be
>patented (microorganisms and microbiological processes).
>
>The above points made by the Africa Group are very
significant and
>crucial, and correspond to the concerns raised by many
citizen
>groups, farmers organisations, environmental groups and
development
>groups around the world. These groups have been campaigning
against
>the patenting of life forms and biological materials
because such
>patents would allow the private monopolisation of life and
of
>biological resources, and would cause serious adverse
effects on
>development, food security, the livelihoods of millions of
farmers,
>on the environment. Such patents are also facing objections
from the
>public on ethical, religious and moral grounds.
>
>We congratulate the Africa Group for their principled and
well
>thought out position on this issue, and we urge other
Member states
>of the WTO to endorse their position on the review of this
part of
>TRIPS Article 27.3b.
>
>The Africa Group paper also gives a clear direction to the
review of
>another part of Article 27.3b, which specifies that Members
shall
>provide for the protection of plant varieties either
through patents
>or an effective sui generis system.
>
>The paper says that the review must clarify that developing
countries
>can opt for a national sui generis law that protects
innovations of
>indigenous and local farming communities (consistent with
the
>Biodiversity Convention and the FAOs International
Undertaking); that
>allows the continuation of traditional farming practices
including
>the right to save and exchange seeds and sell their
harvests; and
>that prevents anti-competitive rights or practices that
threatens
>food sovereignty of people in developing countries. It adds
that the
>review should harmonise Article 27.3b with the provisions
of the CBD
>and the FAOs International Undertaking, in which the
conservation and
>sustainable use of biological diversity, the protection of
rights and
>knowledge of indigenous and local communities, and the
promotion of
>farmers rights are fully taken into account.
>
>These points made by the Africa Group are very important in
>recognising the rights of people in developing countries
(as well as
>in developed countries) to protect the traditional
knowledge and
>biological resources of indigenous, farming and local
communities.
>
>These points in fact also correspond to the demands of
civil society
>and farmers groups around the world, that patenting of
plant
>varieties should not be allowed, and that a proper system
of
>protection of knowledge on the use of biological resources
should
>indeed protect the knowledge of local communities and
should prevent
>the appropriation of such knowledge by private corporations
(an act,
>known as biopiracy, that is now prevalent as more and more
>multinational companies are being granted patents on plants
and other
>biological resources as well as for their
traditionally-known uses
>and functions).
>
>We believe that WTO Member states must have the option of a
national
>system of plant varieties protection that protects the
rights of
>indigenous, farming and local communities and their
knowledge. The
>review process must clarify this so there is no mistake in
>interpretation on what constitutes an effective sui generis
system.
>WTO Members must be allowed to introduce systems of their
choice,
>including those that adhere to the principles of
recognising the
>rights of these communities, in order to ensure food
security,
>livelihoods and the development of sustainable agriculture.
>
>We believe that the position of the Africa Group has
contributed
>immensely to clarifying these demands, and we thus
congratulate the
>Africa Group Members in the WTO for their stand on this
matter.
>
>We therefore:
>
>(1) Endorse the positions taken by the Africa Group on both
aspects
>of the review of Article 27.3b of TRIPS, i.e. the patenting
of life,
>and the sui generis systems for plant varieties protection.
>
>(2) Call on all other Members States of the WTO to support
the
>positions of the Africa Group on the review of Article
27.3b.
>
>(3) Call on the WTO Members to formulate a Section in the
Ministerial
>Declaration of the forthcoming WTO Ministerial Conference
in Seattle,
>that the positions of the Africa Group will be adopted in
the review
>of Article 27.3b and that appropriate revisions will be
made to the
>TRIPS Agreement to reflect this.
>
>(4) Call on the WTO Members to amend the TRIPS Agreement as
soon as
>possible to remove its present ambiguities and
objectionable
>provisions and terms that now oblige Members to change
their national
>laws to enable patenting of life forms and to promote
biopiracy or
>the private appropriation of traditional knowledge and
community
>resources. This should be a priority objective for the WTOs
Seattle
>Ministerial Conference.
>
>
>  Organisations supporting or endorsing the statement:
>
>  Third World Network
>  TEBTEBBA Foundation Inc, Philippines
>  UBINIG (Policy Research for Development Alternative),
Bangladesh
>  Instituto Latinamericano De Servicios Legales
Alternativos (ILSA),
>Colombia
>  Africa Trade Network, Ghana
>  Public Interest Research Group, India
>  Deccan Development Society, India
>  Kalyanamitra, Indonesia
>  International NGO Forum on Indonesian Development
(INFID), Indonesia
>  KONPHALINDO, Indonesia
>  EcoNews Africa, Kenya
>  Korean House for International Solidarity (KHIS), Korea
>  Policy and Information Centre for International
Solidarity (PICIS),
>  Korea
>  Korean Women Workers Association United (KWWAU), Korea
>  Seoul Women Workers Association, Korea
>  Hyundai Association of Trade Unions, Korea
>  Consumers Association of Penang, Malaysia
>  Women's Development Collective, Malaysia
>  Wayang, Thailand
>  The Network, Pakistan
>  Association for Rational use of Medication in Pakistan
BEDARI, Pakistan
>  GABRIELA, Philippines
>  Bagong Alyansang Makabayan (BAYAN), Philippines
>  Asia Pacific Forum Women, Law and Development (APWLD),
Philippines
>  IBON Foundation Inc. Philippines
>  The Philippine Greens, Philippines
>  Legal Rights and Natural Resources Center, Philippines
>  Development Alternatives with Women of the New Era
(DAWN)-South East
>  Asia
>  Forum-Asia, Thailand
>  Assembly of the Poor, Thailand
>  Project for Ecological Recovery (PER), Thailand
>  Asian Indigenous Womens Network
>  Institute for Sustainable Development, Ethiopia
>
>
>  (Groups and individuals wishing to add their names to
this list are
>  requested to let Third World Network know by emailing to
>  <[log in to unmask]> or faxing to 60-4-2264505.)
>
>  _________________________________________________________
>
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