Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Eduardo Pérez Motta (Mexico)
G PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
255. The representative of Brazil reiterated that while the developing countries' proposal was supported on the tripod of the three well-known requirements that he had cited earlier, the EC's paper was based on only one leg, namely, the disclosure requirement. For this reason, his delegation believed that the EC proposal might be insufficient to provide a sustainable solution to prevent acts of bio-piracy abroad. He associated his delegation with the view expressed the delegations of Venezuela, Peru, New Zealand, India, Kenya and others that the conventional intellectual property system contained limitations to protect traditional knowledge effectively and adequately. Turning to databases, he shared the view that they could be useful in facilitating patent examiners' check against patent requests relating to unauthorised use of the knowledge of traditional communities. He also shared the views of the delegations of Venezuela and New Zealand that the creation of databases should not be based on information disclosed without the prior informed consent of their owners. He said that databases should not result in the facilitation of biopiracy and that this was an issue of serious concern.
IP/C/M/37/Add.1