33. The representative of Venezuela said that the Checklist had been widely accepted by Members and provided a useful structure for the discussion. He said that it was the responsibility of developing countries to keep up the momentum from the July package for this implementation-related issue of the relationship between the TRIPS Agreement and the CBD and to discuss it with other Members. Commenting on the substance of submission IP/C/W/429, he said that disclosure of the source and country of origin would help determine problems relating to prior art, patentability and exclusions, help resolve disputes relating to patents and generally help to improve patent quality. To prevent bio-piracy, it was important that a patent applicant be required to prove that he had obtained the prior informed consent of the country or indigenous community in question. He said clarification was still required in relation to the fair and equitable distribution of benefits between the patent holder and the country of origin.
