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raging the development of seeds with a large commercial potential there would be an increase in monoculture and the reduction of environmental heterogeneity. This would undoubtedly poses a hazard to farmers and food security because of the increased risk of wholesale crop failure inherent in agriculture using such a narrow genetic base. For most developing countries, widespread crop failure spells nothing less than disaster.

The Doha Declaration stated that work in the TRIPs Council on the reviews of Article 27.3(b) and Article 71.1, as well as on any other implementation issues, should examine the relationship between the TRIPs Agreement and the UN Convention on Biological Diversity, the protection of traditional knowledge and folklore, and other relevant new developments that member governments raise in the review of the TRIPS Agreement (e.g. food security). It adds that the TRIPs Council’s work on these topics is to be guided by the TRIPS Agreement’s objectives (Article 7) and principles (Article 8), and thus must take development fully into account. Extensive discussions have taken place in the TRIPs Council regarding these issues. Over time, the position of the European Union (EU) has moved, but the US remains opposed to developing country proposals.

Status of implementation of the TRIPs agreement concerning PVP

Regarding the requirement of TRIPS to expand the patent law to include microorganisms, microbiological processes and microbial processes, only the technologically advanced developing countries—including Argentina, Brazil, Chile, China, Korea, Mexico and South Africa—have amended their patent laws 22 or developed a new patent legislation to cover these subject matters. Others are proceeding with the fulfillment of their commitments to TRIPS with either a draft framework in preparation or awaiting government approval. The delay or reluctance in implementing the PVP or patent legislation in many countries that have advanced agricultural research systems reflects the intense public debate in their countries on the IPR issues and the desire of the government to provide adequate safeguards to protect the interest of the people. (WIPO, December 2001)

Geographical Indication

Geographical Indications are similar to trademarks apart from the fact that they identify territories whereas trademarks identify brands. Article 22 of the TRIPs Agreement provides protection of Geographical Indication which “identifies a good as originating in the territory of a Member or a region or locality in that territory, where a given quality, reputation or other characteristic of good is essentially attributable to its original geographical origin.” (WTO 1999)

This article incorporated in the TRIPs agreement is derived from the 1958 Lisbon Agreement for the Protection of Appellations of Origin and their International Registration as revised on Stockholm in 1967.

There are 2 issues that relate to the developing countries with regards to Geographical Indication:

The consequence when developing countries use geographical indication that is not included in the exception provided in Article 24. This article makes exception from production

of “those who already use geographical indication of wines and sprits for at least 10 years” and

acquired rights on trademarks already “applied for or registered in good fait