Delegation from the
Hellenic Republic
Represented by the
University of Magdeburg, Germany
Position Paper for the World Intellectual Property Organization (WIPO)
The issues to be discussed in the World Intellectual Property Organization are: Patent Protection and Access to Pharmaceuticals;
Contemporary Challenges of International Intellectual Property Laws and Practices; Traditional Knowledge and Folklore
Protection. Proud of the experience of democracy made in Greece 2500 years ago and the spreading of this spirit throughout the
world, the delegation of the Hellenic Republic looks forward to strong cooperation with all delegations, and welcomes the
participation of the civil society represented by Non-governmental Organizations. Greece considers all issues as being of utmost
importance, especially the topic concerning traditional knowledge due to its rapidely proceeding misappropriation.
I. Patent Protection and Access to Pharmaceuticals
The right to health is one of the fundamental human rights. Patent protection and access to pharmaceuticals is therefore one of
the most urgent topics the world community has to adress. Concerning these issues Greece shares the objectives and goals of the
European Union (EU). Efficacy and safety of medicine as well as ethical and legal standards in medical research are important
societal goals. The aims of the Greek government regarding the work of the World Intellectual Property Organization (WIPO)
are common standards of protection throughout the world, fair cooperation with developing countries, and the increase of
availability of, and access to pharmaceuticals for these countries. Moreover, Greece promotes the worldwide adherence to
intellectual property treaties.
Pharmaceuticals constitute a continuously growing proportion of Greece’s as well as the EU’s Gross Domestic Product.
Therefore, the reforms aimed at reducing bureaucracy in the public sector and the opening of the Greek economy will be
continued. During the Hellenic EU Presidency the key issues were the establishment of a high quality and a maximum of safety
standards for pharmaceuticals as well as the further development of the EU’s permanent register for medicines and generics. The
register enumerates all pharmaceuticals that are destined for developing countries. The Greek government supports the EU’s
engagement in preparing rules on Intellectual Property (IP) rights ensuring that developing countries benefit from research and
development of easily accessible and affordable medicines.
In the 1990s the Hellenic Republic reduced financial obstacles for Greek citizens to assure the accessibility to affordable
medication. In November 2003 the 7th price bulletin for medical assistance was published in order to reduce the burden of the
health system and the costs patients have to bear on their own. The bulletin contains measures to ensure that the Greek
population has access to medical assistance at constant prices and to finance a sustainable health system. Greece proposes to
implement this successful system also in developing countries, adjusted to their individual circumstances.
The government of Greece stresses that everyone has the right to medical aid and shall be granted the possibility to receive it.
Access to pharmaceuticals for developing countries may be reached by secured deals. Through these, medicines cannot be resold
by the developing countries benefiting from the deals. Furthermore, the Greek government demands a prevention of the reimport of cheap medicines exclusively destined for developing countries in order to protect the pharmaceutical sector of
industrialized countries. Price differences between the northern and southern world should not impede trade in pharmaceuticals.
The right of the industry to profit and benefit from research and development must not be questioned. The idea of affordable
medicines for developing countries combined with the prohibition to resell them safeguards IP rights in the industrialized world
on the one hand, and could be the main approach for providing access to pharmaceuticals for the developing countries on the
other hand. This measure is designed to coordinate sales of pharmaceutical products to countries which would otherwise not be
able to purchase them. Developing countries are often unable to produce new pharmaceuticals. Hence, the Greek government
stresses that they should be able to benefit from the proposals like in the Doha Declaration on the Trade-related aspects of
Intellectual Property Rights agreement and public health. Additionally, they should be offered secured deals regardless of their
capacities to produce generic medicines. The harmonization of national IP rights concerning pharmaceuticals in the framework
of the World Health Organization (WHO), the World Trade Organization, and the Trade-related aspects of Intellectual Property
Rights Agreement shall be the most important aim of global cooperation. As a member of the WHO and of WIPO, Greece
actively contributes to this objective. WHO’s medicine strategy to develop common medical standards, especially for lessdeveloped countries is fully supported by the Hellenic Republic.
II. Contemporary Challenges of International Intellectual Property Laws and Practices
At the peak of the industrial revolution the World Intellectual Property Organization (WIPO) was founded in 1883 to safeguard
property rights and to establish mechanisms for international regulation of Intellectual Property (IP). The foundation of WIPO
was crucial for the protection of an enormous number of technical inventions. Since the 1980’s the world experiences a similar
situation. Technological progress, new knowledge in bio- and genome technologies, and the coalescence of the world population
via the internet create a situation which needs a flexible and tailored institutional framework to protect IP. As a member of the
Coordination Committee of WIPO, Greece considers international cooperation on these issues as being vitally important. Thus,
the existing IP protection laws and practices have to be adjusted and modified in consideration of the emerging and rapidly
advancing bio- and genome technologies. First actions in this regard were undertaken through the adoption of the WIPO
Copyright Treaty in 1996, the European Union’s (EU) Directive 96/6/EC, and the EU’s Information Society Directive. The
transition to a knowledge-based society requires a solution for problems related to topics such as product piracy and music being
downloaded illegally from the internet. Furthermore, the international community has to agree on clear definitions of these
problems and consequently additional agreements dealing with these problems have to be concluded. As one of the first
countries Greece has committed itself to solve the problem of misappropriation of technologies and innovations. In this context
the Trade-Related aspects of Intellectual Property Rights Agreement sets minimum standards for government action. Moreover,
the harmonization of patent law and the development of common procedures are necessary. Cost reduction shall be achieved in
the field of patent application and the lack of knowledge on how to patent an invention shall be eliminated. The Greek Program
of Copyright Training, which is supported by UNESCO and WIPO, is a remarkable example for cooperation. Additionally, the
digital revolution requires new laws in order to embrace new ways of working, new forms of communication, and new products
and services, which are not included in conventional legislation. The Hellenic Republic promotes both the adjustment of already
existing law as well as the enactment of new legal standards.
The developments in the field of generic medicine also require protection laws. An IP law would have to safeguard both
inventors and consumers. Plagiarism in pharmaceutical industry poses a serious threat to consumers as the quality of imitated
medicines is often unsatisfactory and endangers health. Hence, Greece is actively involved in EU’s efforts to strengthen
pharmaceutical legislation. The world community has to establish an effective system of controls and sanctions against medical
product piracy. Simultaneously, the protection of research and development investments of companies as well as of public
institutions is of particular significance. Only the international validity of IP law can offer real protection of patents and can
provide incentives for companies to invest in research and development of future technologies, even in the production of
medicine for poverty-related diseases like malaria and tuberculosis.
IP is a broad field covering all results of intellectual activity. These days such activities are essential for economic growth.
Regarding the high costs of research and development the interests of inventors have to be protected so that they can profit from
their intellectual work. Greece is convinced that knowledge is the most important source for generating prosperity.
III. Traditional Knowledge and Folklore
The traditional knowledge (TK) of the Hellenic Republic is well known all over the world. The Greek culture is not only
characterized by outstanding philosophers and historians such as Socrates and Herodot, but also through the TK of the Greek
people which spans more than the achievements of the archaic. The Greek art and architecture as well as the Greek
comprehension of democracy influence the world till this day. Greece believes that an increased awareness of TK could provide
solutions to current problems. Nowadays, traditions and moral values more and more fade away within the rapidly changing
societal environment. The study of popular culture is necessary and helpful for a mutual understanding of different identities.
Therefore, the Greek government is interested in preserving elements of this knowledge and protecting that part of Intellectual
Property (IP). For Greece, TK is a source of creativity and innovation as defined by the World Intellectual Property
Organization. Today’s IP laws include two aspects of TK: Firstly, the pre-existing traditional culture and its forms of
expressions and secondly literary and artistic productions which are based on traditions. Whereas the first aspect is not protected,
the second, namely, the work of an identifiable creator being alive is covered by the regime of IP laws. In Greece, copyright laws
do not include provisions which handle the protection of TK, especially of folklore expressions. Only modified works like
translations, adaptations, and other alterations are protected by Greek copyright law. The Universal Declaration of Human Rights
deals with IP in article 27. This document states that “everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancements and its benefits”. Concerning the definition of TK the Greek
government solely promotes the protection of new creative works based on tradition. In order to safeguard great tradition-based
literature, artistic and scientific work, Greece successfully utilizes all available mechanisms. In 1996, the Elliniko Resource
Center for Indigenous Knowledge, a special center for intellectual knowledge, was established on Crete. Today this center deals
with traditional medicine, ecology, and the management of natural resources. The latter contains indigenous knowledge,
agricultural development embracing biodiversity, and folk art as well as handicrafts.
With regard to geographical indications in connection with TK, Greece is of the opinion that strong and global protection is
necessary. Goods that are related to certain geographical regions and which are named after those have to be protected by a
worldwide harmonized IP law. Hence, Greece welcomes that this indications’ protection was incorporated in the Trade-Related
Intellectual aspects of Property Rights Agreement. Furthermore, the Hellenic Republic supports the inclusion of geographical
indications’ goods in IP law. One example is Greek Feta cheese, which can only be produced in certain regions of the Hellenic
Republic. Here, the traditional production process could be preserved until today. The aims of geographical indications
regarding the protection of geographical names are the promotion of quality production as well as to increase transparency.
Another crucial topic to be discussed within the context of TK is bio piracy. The Greek government condemns the
misappropriation of knowledge and biological material of traditional communities. The international community recollecting
their moral values should avoid commercial exploitation of TK by excluding the subject of indigenous knowledge of the benefits.
In the opinion of Greece, it is justifiable to use this knowledge in order to fight diseases or famines. However, the conditions for
acquiring the information from indigenous people have to be fair and just, similar to those in industrialized countries. Moreover,
the issue of biodiversity has to be addressed in dealing with TK. One of the main objectives of the Convention on Biological
Diversity (CBD) is the sustainable use of genetic resources, and an equitable sharing of benefits arising from its utilization.
Worth mentioning, the CBD is the first binding treaty assigning sovereign rights to states for exploiting their natural resources.
However, the governments have to prevent any environmental damage to other states in this regard. The use of biotechnology
has to meet the needs and aspirations of present and future generations as outlined in the CBD. Therefore, the Hellenic Republic
supports the policy paper “Life Sciences and Biotechnology – a Strategy for Europe” of the European Commission. The main
goal of this strategy is to ensure the development of new technologies taking moral and ethical aspects into account. In this
context Greece again outlines the paramount importance of multilateral cooperation within the framework of the United Nations.