Info Service on Biodiversity and Traditional Knowledge (Dec17/02)
14 December 2017
Third World Network
India+4 link moratoriums on e-commerce, TRIPS NV and CBD
Published in SUNS #8596 dated 14 December 2017
Buenos Aires, 13 Dec (D. Ravi Kanth) - India today (13 December) insisted
at the Buenos Aires ministerial meeting that the moratorium on electronic
commerce transmissions (zero tariffs) must include the moratorium
on the TRIPS non-violation (NV) complaints and a work program on the
relationship between the TRIPS Agreement and the Convention on Biological
Diversity (CBD), trade envoys told SUNS.
India's decision was supported by South Africa, Bolivia, Cuba, and
However, continuing her dictatorial style, MC11 chair, Ms Susana Malcorra,
failed to include the four other countries when she said only India
remains opposed to the extension of the moratorium on electronic commerce
transmissions, according to a participant present at the meeting.
India, however, remained steadfast in its demand to treat all the
three issues on the same footing, the participant said.
At a meeting convened by the Chair for resolving the differences on
the e-commerce moratorium, India said "the TRIPS and the CBD
must be implemented in a manner which is mutually supportive and does
not run counter to their respective objectives."
India underscored the need for the "fair and equitable sharing
of benefits arising from the utilization of genetic resources",
and said there is an urgent need to ensure that the utilization of
genetic resources and/or associated traditional knowledge must comply
with access and benefit-sharing legislation of the member providing
genetic resources and/or associated traditional knowledge, that is
the country of the origin of such resources or a Member that has acquired
genetic resources in accordance with the CBD.
Therefore, said India, the TRIPS Council must hold dedicated discussions
"on the relationship between the TRIPS Agreement and the Convention
on Biological Diversity and the protection of traditional knowledge
India said trade ministers at Buenos Aires must direct their officials
to "expedite discussions on the relationship between TRIPS agreement
and the CBD in a structured manner with a view of achieving a legally
binding outcome by the twelfth ministerial conference in 2019."
The draft ministerial decision says that in undertaking this work,
the TRIPS Council shall be guided by the objectives and principles
set out in Articles 7 and 8 of the TRIPS Agreement and shall take
fully into account the development dimension.
India said the negotiations on the TRIPS-CBD shall be held in the
special negotiating session of the TRIPS Council in an accelerated
India's decision to link the three issues stalled an outcome on the
e-commerce zero-tariff moratorium, said a trade envoy from an industrialized
country who asked not to be quoted.