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Dáil Éireann díospóireacht -
Tuesday, 23 Nov 1999

Vol. 511 No. 3

Written Answers. - WTO Meeting.

John Gormley

Ceist:

104 Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans, if any, the Government has to raise the issue of bio-patenting at the World Trade Organisation negotiations; and if she will make a statement on the matter. [24085/99]

John Gormley

Ceist:

105 Mr. Gormley asked the Tánaiste and Minister for Enterprise, Trade and Employment if the Government will support a five year suspension of the implementation of Article 27(3)(b) of the World Trade Organisation agreement in order to allow a substantial review of the substance of this article and the option of excluding animals, plants and micro-organisms from patentability; and if she will make a statement on the matter. [24097/99]

I propose to take Questions Nos. 104 and 105 together.

Within the World Trade Organisation, WTO, 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 essential 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 effectivesui 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 our European Union partners, is committed to high standards of intel lectual property protection and would not wish to see any lowering of these standards as a result of the negotiations.
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