102. The representative of Bangladesh said that the review of Article 27.3(b) remained a priority for least-developed country Members. Farming was the main livelihood for 75 per cent of the world's population living in rural areas. Article 27.3(b) ensured that WTO Members had the right to select their own sui generis systems for the protection of plant varieties, including a system that accorded due recognition to traditional knowledge and traditional practices and the right of farmers to save, use, exchange and sell seeds and other propagating materials, which was consistent with the ITPGRFA. Nothing in the TRIPS Agreement prevented Members from taking measures to ensure food security and safeguard farmers' livelihoods. However, the patent provisions of the TRIPS Agreement allowed countries to recognize monopoly rights over individual genes and their characteristics, which negated farmers' rights over seeds and propagating materials with such genes and characteristics, reduced genetic diversity, made crops more vulnerable to pest attacks, and raised the cost of seeds and agricultural inputs to unaffordable levels for small farmers. He further said that although the TRIPS Agreement would not apply to least-developed countries until 2006, and 2016 for pharmaceutical products, the imposition of Article 27.3(b) was already being threatened on least-developed countries through bilateral negotiations.
103. He said that the review of Article 27.3(b) should result in an amendment clarifying that no living organisms, including plants, animals and parts of plants and animals, gene sequences, and biological and other natural processes for the production of plants, animals and their parts, should be patentable. In cases where they remained patentable, a provision should be incorporated into the TRIPS Agreement to the effect that patents must not be granted without the prior consent of the country of origin in order to affirm its compatibility with the CBD and ITPGRFA.
