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Doc. 8532
20 September 1999
Biotechnology and intellectual property
Opinion1
Committee on Legal Affairs and Human Rights
Rapporteur: Mr Viktor Vishnyakov, Russia, Independent
The Committee on Legal Affairs and Human Rights welcomes the work carried out by the Rapporteur of the Committee on Agriculture and Rural Development and considers it both trenchant and innovative. The question of the patentability of biotechnological innovations raises ethical concerns it would mean granting patents on living organisms, including human genes and cells from the human body. The patenting system can protect biological inventions in western countries vis-à-vis international competition. However, the expansion of this system may damage the interests of third-world countries that lack the requisite knowledge in this area. Moreover, some western countries are unconcerned about the legal and ethical consequences of patentability. An appropriate mechanism is needed to tackle this problem, alongside patents for inventions which confer individual rights, with a view to protecting the traditional procedures and techniques used in developing countries, as suggested in the report.
The Committee would like to amend paragraphs 7 and 13 and add two sub-paragraphs at the end of the draft recommendation.
Proposed amendments to the draft recommendation
Amendment A
Replace paragraph 7 with the following paragraph:
"It considers that the issue of patenting living organisms should comply with the provisions of the Convention on Biological Diversity, and that greater account should be taken of the interests of developing countries in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organisation; it asks the World Trade Organisation to comply with the Convention on Biological Diversity".
Amendment B
In paragraph 13, after the words "in co-operation with", add "the European Union".
Amendment C
Insert a new sub-paragraph 13 v.:
"encourage the ratification by those member States that have not yet done so of the 1963 Convention of the Council of Europe on the Unification of Certain Points of Substantive Law on Patents for Invention, and envisage updating the Convention in the light of the conclusions of the report".
Amendment D
Insert a new sub-paragraph 13 vi.:
"consider the ethical aspects of the patentability of inventions involving biological, and in particular human material".
Reporting committee: Committee on Agriculture and Rural Development
Committee for opinion: Committee on Legal Affairs and Human Rights
Reference to committee: Doc 7351 and Reference No 2020 of 25 September 1995
Opinion approved by the committee on 20 September 1999
Secretaries to the committee: Mr Plate, Ms Coin and Ms Kleinsorge