Search

Peru is one of the most biologically diverse countries in the world thanks to its great genetic variety, many species of flora and fauna and continental and maritime ecosystems. Its enormous natural riches and their relevance to economic growth entail a high degree of accountability and call for the design and application of appropriate environmental sustainability measures. On the one hand, the aim is to ensure that economic activities are carried out under the best environmental conditions that modern technology can provide, while at the same time it is proposed to use Peru's biodiversity and renewable resources to propel the development of new inclusive and sustainable economic activities with high value added.

National awareness of the environmental dimension of development and the need to ensure the integrated management of Peru's natural resources and environment to  preserve and develop them in accordance with a systemic approach led in 2008 to the creation of the Ministry of the Environment and the approval, one year later, of the National Environment Policy, which is aimed at improving people's quality of life by ensuring the existence of ecosystems that remain healthy, viable and functional over the long term and at promoting the sustainable development of the country, through environmental protection, prevention and restoration and the conservation and sustainable use of natural resources , in a manner that is both responsible and consistent with respect for fundamental human rights.

Likewise, it has participated in the negotiations within the framework of the Doha Development Agenda with the aim of achieving as balanced and ambitious an outcome as possible in the Doha Round, including in the ministerial-level meetings of July 2008. Within the negotiations, Peru has submitted various proposals, individually or jointly with other WTO Members. The areas in which Peru has submitted proposals include agriculture, fisheries subsidies; intellectual property – biodiversity, traditional knowledge and genetic resources; trade facilitation; and environmental goods and services, among others.

In particular, Peru cannot conceive of a balanced outcome to the Doha Round that fails to afford greater protection for genetic resources and the associated traditional knowledge under the patents regime, in the context of an amendment to the TRIPS Agreement, or deliver results in areas such as the elimination of fisheries subsidies that contribute to excess capacity and overfishing, including special and differential treatment in favour of artisanal fishing in the developing countries; a substantive reduction in domestic support and the elimination of agricultural export subsidies; the liberalization of tropical and alternative products; and deeper mode 4 commitments on market access in services, among other topics which, because of their nature and sensitivity, are not usually a matter for negotiation in regional and bilateral trade agreements.

Peru participates actively in the work of the WTO and in the Doha Round negotiations. It recognizes the importance of concluding these negotiations and improving the WTO disciplines so as to ensure the effectiveness of the multilateral system. In the framework of the negotiations, Peru has submitted several proposals individually or jointly with other WTO Members, in fields such as special and differential treatment; agriculture; fisheries subsidies; market access; biodiversity, traditional knowledge and genetic resources; trade facilitation; environmental goods and services; and services.

Peru attaches great importance to the protection of traditional knowledge, access to genetic resources and the protection of biological diversity. These requirements have been incorporated into Peru's legislation since 1996, and into CAN legislation, through Decision No. 391, which establishes a common regime for access to genetic resources, and Decision No. 486.

For Peru, protection of biodiversity under the patent regime in the TRIPS Agreement is a priority issue and it has therefore sought to demonstrate that the current regime does not allow proper protection of its genetic resources and the traditional knowledge of its indigenous communities. In this connection, Peru considers that a legal obligation establishing a mandatory disclosure requirement for patent applications would help to prevent both misappropriation of genetic resources and the wrongful grant of patents and would also enhance transparency regarding the utilization of genetic resources and/or associated traditional knowledge. In the international sphere, Peru has also presented proposals on the need to link the patent system to the regime for access to genetic resources and protection of traditional knowledge in the Convention on Biological Diversity (CBD), WIPO and in other forums (including regional processes).

Peru also made important changes to the legal framework of its intellectual property protection regime, some of them to comply with commitments undertaken in the context of regional trade agreements and others to adequately protect Peru's biodiversity, genetic resources and traditional knowledge. Protection in these areas has been a priority for Peru, hence its active participation in the DDA in this regard.

The Trade Promotion Agreement with the United States was an important landmark because it led not only to changes in the national legal framework for its regulatory and institutional implementation in order to fulfil the commitments undertaken in the TPA but also, and even more importantly, to regulatory and structural reforms for the purpose of taking advantage of the opportunities generated by the Agreement and the FTAs that followed. Thus, in December 2007, with a view to facilitating the implementation of the TPA and promoting the country's economic competitiveness in order to make good use of it, authority to legislate on the following matters was delegated to the Executive: (vii) institutional strengthening in the area of environmental management; and (viii) improvements in the competitiveness of agricultural production.

The Trade Promotion Agreement between the United States and Peru was signed on 12 April 2006 and took effect on 1 February 2009. It is Peru's first regional agreement covering trade in both goods and services and including a chapter on investment and which has served as a reference for subsequent agreements negotiated by Peru. It comprises 23 chapters and annexes. The measures pertaining to trade in goods figure mainly in Chapters Two to Eight. (...) There are also provisions on competition policy, labour and environment policy, e-commerce and dispute settlement