Date: 3-May-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2024/1277 of 29 April 2024 authorising the opening of negotiations, on behalf of the European Union, in the context of the World Intellectual Property Organization for an international legal instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic resources

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

What it means

Council Decision (EU) 2024/1277 authorizes the European Commission to open negotiations on behalf of the European Union within the World Intellectual Property Organization (WIPO). These negotiations concern an international legal instrument related to intellectual property, genetic resources, and traditional knowledge associated with genetic resources.

Key Changes

The European Commission is authorized to negotiate an international legal instrument concerning intellectual property, genetic resources, and traditional knowledge within WIPO.
The decision acknowledges the division of competence between the Union and its Member States, with the Union acting on matters where it has common rules that may be affected by the instrument.
The Commission will conduct negotiations based on Council negotiating directives, which can be revised as the negotiations evolve.
The Commission and Member States are expected to cooperate closely to ensure unity in international representation, especially when the subject matter falls under the competence of both.
The Working Party on Intellectual Property is designated as the special committee for these negotiations, and the Commission is required to consult with and report to this committee and the Council regularly.

Impact Analysis

Stakeholders Impacted

Conference of the Parties to the Convention on Biological Diversity: The decision references suggestions from the Conference of the Parties to the Convention on Biological Diversity, indicating a potential impact on biodiversity regulations.

Suggested Action Items

For the Commission: Ensure close cooperation with Member States and regular reporting to the special committee and the Council.

Key Entities Referenced

European Commission: The executive branch of the European Union, responsible for conducting the negotiations on behalf of the Union. World Intellectual Property Organization (WIPO): The global forum for intellectual property services, policy, information and cooperation. The negotiations will take place within the context of WIPO. Council of the European Union: One of the legislative bodies of the European Union, responsible for adopting the decision authorizing the negotiations and providing negotiating directives. Working Party on Intellectual Property: A special committee designated to consult with the Commission during the negotiations. Treaty on the Functioning of the European Union: The treaty that outlines the scope of the European Union's powers. Trade-Related aspects of Intellectual Property Rights Council (TRIPS Council): The TRIPS Council is responsible for monitoring the operation of the TRIPS Agreement and facilitating the implementation of its obligations. Conference of the Parties to the Convention on Biological Diversity: The governing body of the Convention on Biological Diversity (CBD), responsible for advancing the implementation of the Convention through the decisions it takes at its periodic meetings.

Official Source Record View Original Source →

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                Official Journal EN
of the European Union L series
2024/1277 3.5.2024
COUNCIL DECISION (EU) 2024/1277
of 29 April 2024
authorising the opening of negotiations, on behalf of the European Union, in the context of the
World Intellectual Property Organization for an international legal instrument relating to intellectual
property, genetic resources and traditional knowledge associated with genetic resources
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with
Article 218(3) and (4) thereof,
Having regard to the recommendation from the European Commission,
Whereas:
(1) In their 2002 Communication to the Trade-Related aspects of Intellectual Property Rights Council (TRIPS Council),
the Union and its Member States agreed to discuss the introduction of a self-standing disclosure requirement
allowing Member States to keep track of patent applications with regard to genetic resources.
(2) In 2004, the World Intellectual Property Organisation (WIPO) general assembly agreed, at the suggestion of the
Conference of the Parties to the Convention on Biological Diversity, to consider the relationship between access to
genetic resources and disclosure requirements in intellectual property rights applications.
(3) Since 2004, WIPO has held discussions on the disclosure of the origin or source of genetic resources and associated
traditional knowledge in patent applications.
(4) The WIPO general assembly decided to convene a diplomatic conference to conclude an international legal
instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic
resources to be held no later than 2024.
(5) The Union should participate in the negotiations on such international legal instrument, for matters falling within its
competence and in respect of which the Union has adopted common rules that may be affected or the scope of
which may be altered by that international instrument. The Member States retain their competence insofar as the
international legal instrument does not affect common rules or alter the scope thereof, including their foreseeable
future development.
(6) This Decision should be without prejudice to the division of competence between the Union and its Member States,
as defined by the Treaties,
HAS ADOPTED THIS DECISION:
Article 1
1. The Commission is hereby authorised to open negotiations, on behalf of the Union, as regards matters falling within
its competence and in respect of which the Union has adopted common rules that may be affected or the scope of which
may be altered by the international instrument, for an international legal instrument relating to intellectual property, genetic
resources and traditional knowledge associated with genetic resources in the context of the World Intellectual Property
Organization.
2. The negotiations shall be conducted on the basis of the negotiating directives of the Council set out in the addendum,
which may be revised and further developed as appropriate depending on the evolution of the negotiations.
3. To the extent that the subject matter of the negotiations falls within the competences of both the Union and its
Member States, the Commission and the Member States should cooperate closely during the negotiating process, with
a view to ensuring unity in the international representation of the Union and its Member States.
ELI: http://data.europa.eu/eli/dec/2024/1277/oj 1/2EN
OJ L, 3.5.2024
Article 2
The negotiations shall be conducted in consultation with the Working Party on Intellectual Property, which is hereby
designated as the special committee within the meaning of Article 218(4) of the Treaty on the Functioning of the European
Union.
The Commission shall regularly report to the special committee referred to in the first paragraph on the steps undertaken
pursuant to this Decision and consult it on a regular basis.
Whenever so requested by the Council, the Commission shall report to it on the conduct and the outcome of the
negotiations, including in writing.
Article 3
This Decision is addressed to the Commission.
Done at Luxembourg, 29 April 2024.
For the Council
The President
D. CLARINVAL
2/2 ELI: http://data.europa.eu/eli/dec/2024/1277/oj
            