125. The representative of Brazil said that the TRIPS Agreement and the CBD should be implemented in a mutually supportive manner. His delegation maintained its position that failure to address the issue of the relationship between the TRIPS Agreement and the CBD or to effectively take steps to prevent any potential conflicts between the objectives of the two agreements would ultimately be detrimental to both instruments. His delegation was aware of several cases in recent years which had involved bio-piracy and misappropriation of traditional knowledge. Therefore, there was a pressing need to adopt measures to prevent bio-piracy and misappropriation of traditional knowledge.
126. He said that disclosure requirements in the context of patent applications, including a requirement to submit evidence of prior informed consent and of fair and equitable benefit-sharing under the national regime of the country of origin, would play a significant role in preventing bio-piracy and misappropriation. He noted that some Members had advocated an approach based solely on privately negotiated bilateral contracts. However, he believed that such an approach would not be sufficient. He said that a comprehensive and international solution was needed so that developing countries, as victims of bio-piracy, did not need to divert their precious national resources to expensive judicial proceedings for the revocation of patents that included illegally obtained genetic resources and associated traditional knowledge. In his view, the way forward was to amend the TRIPS Agreement to incorporate the basic and fundamental provisions of the CBD.
