European Commission Directorate-General for Trade

TRIPs

• Date: 28/06/2001, 10:00 hrs-17:00 hrs (Registration closed)
• Location: CCAB(Borschette), Rue Froissart 36, 1040 Brussels
• Registration closes on : 25/06/2001 12:00

Meeting details

• Date: 28/06/2001, 10:00 hrs-17:00 hrs (registration closed)
• Location: CCAB(Borschette), Rue Froissart 36, 1040 Brussels
• Registration closes on : 25/06/2001 12:00

TRIPS Issue Group on Biotechnology REPORT OF MEETING ON PATENTABILITY OF LIFEFORMS AND BIOTECHNOLOGICAL INVENTIONS 28 JUNE 2001 1. INTRODUCTION 1.1. TRIPS Council Mr. Van Eeckhaute (Chair - European Commission, DG Trade) reported on the recent meeting of the TRIPS Council (18-22 June), and in particular the special one-day discussion on TRIPs and access to medicines. He noted that this was the first time the Council has discussed this issue and reported the consensus reached that this should not be a one-off occurrence; that discussion should last until Doha and possibly beyond. He further noted the withdrawal of the US from its WTO Dispute Settlement Panel against Brazil concerning compulsory licences for lack of local manufacturing. 1.2. EC Biotechnology Directive Mr. Gal (DG Markt) outlined the most important articles of the Biotech Directive (EC 98/44). Specifically: Article 5 on drawing the distinction between 'discovery' and 'invention'; Article 6 defining the exclusions from patentability for reasons of ordre public or morality; Article 4 on the non-patentability plant and animal varieties and essentially biological processes for the production of plants and animals; Article 1(2), which stipulates that the directive must not conflict with either TRIPS or the CBD and Recital 27, enc

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