101. The representative of Brazil said that the joint communication in IP/C/W403, submitted by developing countries, highlighted the main arguments for introducing a provision into the TRIPS Agreement that would require patent applicants for inventions that had used biological resources to disclose the source of those resources and associated traditional knowledge as well as to provide evidence on prior informed consent and fair and equitable benefit-sharing. Recently documented cases of biopiracy involving the grant of intellectual property rights that freely appropriated biological resources and associated traditional knowledge from biodiversity-rich countries were well-known. The recent case involving the Peruvian Amaca had further compounded such concerns. He expected prompt and effective action on this issue in the WTO in accordance with the mandate set forth in paragraph 19 of the Doha Declaration. He believed that introducing an amendment into the TRIPS Agreement to bring it in line with the provisions of the CBD was an entirely feasible undertaking. He indicated that the technical issues could and should be identified and grappled with effectively. There was no need for endless academic discussion in the TRIPS Council or other forums for Members to be able to pursue effective action in this regard. He further said that the joint submission had already addressed some of these technical issues. He looked forward to continuing to work with other WTO Members in ensuring that biopiracy would be properly dealt with.
