The revision of Article 27.3, point b), is under review: Article 27.3 (b) of the ON TRIPS agreement deals with the patentability or inseability of plant and animal inventions and the protection of plant varieties. Overall, the TRIPS agreement states that any invention, whether a product or a process, can be patented in all technological areas, provided it is new, incisive, inventive and likely to be used for commercial purposes. However, in accordance with Article 27.3, point b), members may exclude from the patentability of plants and animals other than microorganisms and essentially biological processes of plant or animal production, with the exception of non-biological and microbiological methods. However, members provide for the protection of plant varieties either through patents, an effective sui generis system, or by any combination of them. Review of the provisions of Article 27.3, point b) – Illustrated List of Questions – Developed by the Secretariat (IP/C/W/273/Rev.1). These contain information on the review under Article 27, paragraph 3, paragraph b), of how the issues covered by this provision were dealt with in accordance with the national law of Members. The ON TRIPS agreement requires a review of Article 27.3, point b), which seeks to determine whether plant and animal inventions should be covered by the patent and how new plant varieties can be protected. The TRIPS agreement provides that Article 27.3 (b) will be reviewed four years after the WTO agreement enters into force. 4. Together, the decline in WTO legitimacy after Seattle and the continued nature of Review 27.3b leave developing countries with proactive room for manoeuvre. There are extraordinary problems with Section 27.3, point b), of the TRIPS agreement: Seattle has arrived. Beyond tear gas, there was a negotiating text that reflected the proposals of the Africa group and the like-minded group of like-minded developing countries on the TRIPS agreement.
At a meeting in the Green Zone, which involved a limited number of participants, the TRIPS chapter was discussed, but nothing was closed. Since the conference was «suspended» without agreement on where the negotiations took place or how they would continue, the status of all these ideas and requirements is unclear.