67. The representative of India said that, in the course of several years of discussions on the issue of the relationship between the TRIPS Agreement and the CBD, his delegation had highlighted the inadequacy of the TRIPS Agreement to combat biopiracy and misappropriation of genetic resources and traditional knowledge. This was one of the major shortcomings of the TRIPS Agreement. The CBD, signed by 191 countries, contained several intellectual property rights related obligations, including obliging countries to cooperate to ensure that patents and other intellectual property rights did not run counter to the objectives of the CBD. Despite the fact that the CBD had been signed several years before the TRIPS Agreement had entered into force, the TRIPS Agreement was oblivious to the intellectual property provisions of the CBD so far. This contradiction obstructed the proper implementation of the CBD and caused an imbalance in the TRIPS Agreement. The steep rise in bioprospecting for natural remedies and other purposes and patent applications based on genetic resources and associated traditional knowledge could have undesirable consequences in the absence of internationally acceptable legal regulations. The issue therefore must be dealt with urgently and with priority. He said that, after a great deal of technical work, the disclosure proposal contained in document IP/C/W/474 had been submitted in 2006. The geographical spread and the socio economic profile of the co sponsors of the disclosure proposal made it clear that the Doha development outcome could not be completed without satisfactorily addressing this issue of immense importance to a vast majority of the WTO membership. Subsequently, document TN/C/W/52 had been submitted in July 2008, containing key parameters that the proponents wished to see reflected in a Ministerial Decision on three TRIPS related issues, namely, TRIPS/CBD, GI register and GI extension. Document TN/C/W/52 made for a balanced proposal which was the result of constructive engagement, flexibilities and accommodation of interests of some 110 Members, including developed and developing countries and most LDCs. Document TN/C/W/52 provided a sound basis for the way ahead on these issues. Significantly, there was agreement among some 108 Members that the three TRIPS issues must be dealt with in tandem based on the key parameters mentioned. His delegation strongly supported such an approach to procedure as well as the elements of the GI extension and GI register as mentioned in document TN/C/W/52.
68. He was appreciative of the consultations held by the Director General since March 2009 on the issues of TRIPS/CBD and GI extension as outstanding implementation related issues. He said that these consultations served the mandate contained in paragraph 39 of the Hong Kong Ministerial Declaration which called for intensification of consultations by the Director General. The Chairmanship of the Director General and participation of Ambassadors had provided meaningful and constructive engagement among Members involved in the exercise. The consultations had provided an opportunity for detailed technical discussions without getting trapped in theological issues. However, he said that it was important that the momentum generated should not slacken on this important issue where there was a clear acceptance of shared objectives to combat misappropriation and biopiracy while also adhering to the concepts of prior informed consent and equitable benefit sharing. He said that document TN/C/W/52 was perhaps the only proposal on the table which could squarely address the issues of biopiracy and misappropriation of genetic resources and traditional knowledge, erroneous patents and promote transparency and traceability.
