This is a non-negotiable position for many core groups in the South and for GRAIN. There is no question of encouraging innovation in biodiversity or ”sustainable use” in environmental jargon. It`s about building capacity and rights at the local and national levels, instead of forcing people to rely on external technology packages. In practice, this means that the 1999 revision must amend Article 27.3 (b) to allow Member States to exclude from their intellectual property legislation any biodiversity-related inventions. ”Biodiversity-related activities” include inventions based on traditional knowledge that do not necessarily involve biological resources in themselves. This exemption also requires amendments to Article 27.2 of the revision of the entire TRIPS agreement in 2000, as this section requires the patentability of microorganisms. The revision of 27.3 (b) could be constructively included in the 2000 TRIPS review. WTO members would then have a better understanding of the ”protection” effects of plant varieties under TRIPS as part of their obligations to the CBD. They would also have more opportunities to explore possible alternatives to Denrmir`s rights as incentives for biodiversity development in the context of plant breeding. The results show that there is an urgent need to review all instruments, particularly in the area of trade, intellectual property and biodiversity conservation, that affect people`s freedoms and capacities in these areas. Overcoming the range of these barriers must be overcome, it is necessary to have a comprehensive approach to development, i.e. a comprehensive functional relationship that combines different development concerns in relevant areas, including economic issues. Recognising that the CBD is a priority in the wto in the area of biodiversity and traditional knowledge systems.
The U.S. agenda is the most pessimistic scenario of agricultural biodiversity in developing countries. Therefore, the least that can be done during the TRIPS review is to resist any element of this legal construct. This is possible as part of a discreet review of the Board of Adhesed Trips, provided the rules of consensus apply. It would not be possible to postpone the whole discussion to the new round of trade negotiations, where virtually everything is fine. The convention is based on the principle that local communities generate and depend on biodiversity and must continue to benefit from it.