Vol. 511 No. 1
79 Mr. Gregory asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will raise the issue of biopatents at the forthcoming World Trade Organisation meeting in Seattle; and if she will make a statement on the matter. [23786/99]
Within the World Trade Organisation, intellectual property issues are covered by the agreement on trade-related aspects of intellectual property rights – TRIPS agreement.
Patentable subject matter is already dealt with under Article 27 of the TRIPS agreement. Article 27 (3)(b) permits WTO members to exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. This is subject to a requirement that members provide for the protection of plant varieties either by patents or by an effective sui generis system or by a combination of both. I assume that the Deputy is referring to these provisions when referring to biopatents.
Article 27 (3)(b) contains a review clause and work on this review has already commenced within the WTO TRIPS council. It is expected that the third WTO ministerial conference in Seattle will take the necessary decisions to launch a millennium round of trade negotiations across a broad range of trade issues. These negotiations should commence in 2000 and be completed within a three year timeframe. Intellectual property issues will be addressed in the negotiations and it is likely that matters pertaining to Article 27 (3)(b) will also be addressed.
Ireland, together with its European Union partners, is committed to high standards of intellectual property protection and would not wish to see any lowering of these standards as a result of the negotiations.
