Council for Trade-Related Aspects of Intellectual Property Rights - Review of the Provisions of Article 27.3(b) - Summary of Issues Raised and Points Made - Note by the Secretariat - Revision

World Trade Organization IP/C/W/369/Rev.1 9 March 2006 (06-1042) Council for Trade-Related Aspects of Intellectual Property Rights REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B) SUMMARY OF ISSUES RAISED AND POINTS MADE Note by the Secretariat Revision TABLE OF CONTENTS PAGE I. Introduction 2 II. ISSUES RELATING TO THE PATENT PROVISIONS OF ARTICLE 27.3(B) 2 A. General Issues 2 B. Scope of exceptions to patentability in Article 27.3(b) 7 C. Ethical exceptions to patentability and Article 27.2 10 D. Conditions of patentability in Article 27.1 and plant and animal inventions 12 III. ISSUES RELATING TO THE SUI GENERIS PROTECTION OF PLANT VARIETIES 14 A. General issues with respect to plant variety protection 14 B. "Effective sui generis systems" of protection 16 C. Relationship between the TRIPS requirement to have an effective sui generis system and the UPOV Convention 20 D. Relationship between sui generis protect