Transcript Outcome of UNCTAD X

Havana Workshop on Trade,
Environment and
Development
Conclusions
Recommendations
Preparing for future events
Conclusions on
Biodiversity-related issues
Sui generis systems and protection
of traditional knowledge:
Patents may not be an appropriate
instrument
Effective protection requires prior
informed consent, at national and
multilateral levels
Art 27.3(b) of the TRIPs Agreement
allows sui generis systems for plant
varieties and could be extended to
traditional knowledge
Conclusions on
Biodiversity-related issues
Sui generis systems and protection
of traditional knowledge:
National experiences with sui generis
systems show that a national
biodiversity policy and a legal
framework are required
Legal system at the national level is not
enough: multilateral legal framework is
needed
Conclusions on
Biodiversity-related issues
Sui generis systems and protection
of traditional knowledge:
Ongoing debate in WTO and WIPO:
Developing countries have proposed
that prior informed consent and
material transfer agreements include
certificates of origin, opposition from
several developed countries
Conclusions on
Biodiversity-related issues
Experiences with benefit sharing
Process of learning by doing
Contracts on Access are already
being made, but legal framework is
required to ensure fair and equitable
benefit-sharing
Ownership has to be established
clearly
Conclusions on
MEAs
Recent developments (Biosafety
Protocol, PIC Convention, PoPs)
address and minimize the risks of
potential conflict between MEA trade
measures and WTO rules
However the issue of eco-labelling
and technology transfer still need to
be resolved
Conclusions on
EPPs
Organic food has a niche market, but
that market is growing rapidly
Food security may be taken into
account by countries
Products that could be
mainstreamed have to be identified
Mainstream marketing channels
have to be explored
Conclusions on Market
Access
There are significant effects of
health and environmental
requirements on market access
Fisheries (India, Cuba, Rep. Tanzania,
Bangladesh)
Coffee and honey (Cuba)
Tea, mango pulp, peanuts (India)
Textiles (Bangladesh, India, Tunisia)
Conclusions on Market
Access
Effects are not uniform across
sectors
Fisheries: high costs of compliance
Coffee, honey and peanuts: testing is
difficult and even technically impossible
Scientific justification for standards
is not always clear to developing
countries
Conclusions on Market
Access
What to do about it?
WTO challenge (dispute settlement) is
costly
Standards could be challenged where
they are deemed to be protectionist or
restrict trade unnecessarily
Use review processes of WTO (SPS and
TBT Committees)
Prepare strong case studies (London)
Conclusions on Trade
Liberalization and the
Environment :Agriculture
Brazil: removal of subsidies resulted in
environmental benefits, good
environmental policies were put in place
simultaneously
No consensus on multifunctionality
Need to define support measures and
other measures that promote food
security and development
Conclusions on Textiles
Bangladesh:
child labour issues used to be more
important, but MoU with ILO has
resolved issue of pressure for trade
restrictions
With increased production of textiles,
environmental impacts become more
important
Conclusions on Textiles
Tunisia:
Environmental factors are becoming
important in trade relations with
European Union
Eco-labels
Environmental management systems
Informal requirements by buyers
Industry is responding effectively
Conclusions on
Technology issues
Evolution away from technology transfer
to technology management and
technology development concepts
What to do for SMEs?
How to comercialise existing R&D in
developing countries?
How to promote technology development
agreements between private investors
and companies in developing countries
(example: Inbio-Merck)
Conclusions on
Technology issues
Incentive packages are needed nationally
How can commitments by Governments
(MEAs, TRIPS and other WTO
Agreements) be implemented?
Publicly funded research and development
Capacity building needs for technology
transfer should be clearly identified
Capacity building is needed to develop
projects to benefit from ToT provisions in
MEAs and to adapt technologies to local
Conclusions on DPGs
General problem of export of DPGs
continues
Some MEAs cover some DPGs, but
not consumer products
Institutional and regulatory
structures at the domestic level are
helpful
DPGs
Technical assistance needed for
identifying DPGs and their effect on
human health, trade and
development
South south information sharing
Export notification of DPGs should be
revived
Recommendations
Outcome of the project?
Follow-up?
Terms of reference for
further studies
Ongoing studies by researchers
South Africa: EPPs, Biodiversity/benefit
sharing
Philippines: DPGs, EPPs (organic
foods), ToT
Tunisia: transfer of technology
Studies to be commissioned in other
participating countries
Publication of papers
Los Banos workshop
Cuba workshop
London roundtable, hosted
by FIELD
Agenda
Dates
Other Participants
UNCTAD Expert Meeting
on Traditional Knowledge:
30 October to 1 November
2000
In cooperation with WIPO and CBD
Experts nominated by Governments,
but once nominated participate in
their personal capacity
UNCTAD Expert Meeting
on Traditional Knowledge:
30 October to 1 November
2000
Systems
National experiences
Challenges
How to add value to the work being
undertaken in CBD and WIPO?
Developmental aspects
Trade aspects
Systems
Legal forms of protection
(a) conventional IPR regimes;
(b) sui generis systems;
(c) national access and benefit-sharing
legislation, embodying the prior informed
consent principle;
(d) contractual agreements; and
(e) customary and common-law regimes
Systems
Non-legally binding forms of protection
(a) voluntary guidelines;
(b) codes of conduct; and
(c) traditional resource rights.
National experienes
Need to prepare papers and presentations
Countries participating in this project:
Brazil
Costa Rica
Cuba
India
Philippines
South Africa
Tanzania, Rep. of
UNEP/UNCTAD Task Force on
Capacity Building in Trade,
Environment and
Development
Building on existing UNCTAD-UNEP cooperation (MoU, 1997)
Response to growing demand from
developing countries
Open to other institutions
Idea launched in briefing at UNCTAD X
Objectives
Assist developing
countries in:
Enhancing understanding of trade and
environmental interface
Assessing environmental effects of trade
liberalization at the national level and
trade effects of environmental policies
Developing policy packages
Participating effectively in international
deliberations
Proposed activities during
first year
Thematic research
Country-level studies
Training
Policy dialogues
Public outreach
Thematic research
Environmentally preferable products
Subsidies in agricultural sector
Country-level studies
Integrated assessments in specific
sectors, building on UNEP experience
Policy coordination at national level,
building on UNCTAD/UNDP experience
Common characteristics
Sector-specific
National workshops
Institutional partnerships(multi-stakeholder
approaches)
Country-level studies
6 June: Call for proposals
Depending on financial resources four
countries will be selected by
UNCTAD/UNEP for first year
Training
4-day training courses, based on
UNCTAD’s TrainforTrade 2000 package
Four countries, in particular LDCs
Policy dialogues
Least Developed Countries
Integrated assessment techniques to
analyse the impacts of trade policies
International seminar on trading
opportunites for environmentally
preferable products
International seminar on environmental
impacts of subsidies in agriculture
Network and information
exchange
Website
Newsletter
Database for networking
South Africa workshop
Preliminary ideas about dates