§ Mr. BakerTo ask the Secretary of State for Trade and Industry in respect of patent issues, what assessment his Department has made of the compatibility of Article 27 of TRIPS and Articles 8, 15 and 16 of the UN Convention on Biological Resources. [74846]
§ Mr. Battle[holding answer 5 March 1999]: Article 8 of the UN Convention on Biological Diversity concerns conservation of biodiversity in its natural habitat, requiring contracting states to set aside protected areas. Article 15 recognise sovereign rights over genetic resources while encouraging access for environmentally sound purposes. Article 16 states that transfer of technology, including biotechnology, is an essential element for the attainment of the objectives of the convention, that is to conserve biodiversity, to use it in a sustainable way and to share equitably the benefits arising from the use of genetic resources. The World Trade Organisation (WTO) Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement is complementary to the objectives and substance of this Convention. If patents were to be granted for known plants or for discovering something that exists in nature, then, under Article 27 of the TRIPS Agreement, it is clear that such rights would be invalid. The TRIPS Agreement also encourages technology transfer. It is not a matter for TRIPS or intellectual property regimes to set the conditions for access to the genetic resources. This is for individual contracting States to the CBD to decide.