51. The representative of Ecuador supported a thorough examination of Article 27.3(b) as proposed by Bolivia in document IP/C/W/545. He said that the objective was to agree on a multilateral solution to prevent the patenting of all life forms, including biological resources, micro organisms, genes and non biological and microbiological processes, which were among the most important issues to be resolved in the Doha Round. He said that this issue, apart from being a matter of the built in mandate, was a basic component of the development dimension of the Doha Round and, consequently, had been, was and, when the time came, would be, appraised by Members as part of the package of the Doha Round. He agreed in principle with several points made by Bolivia as regards the need to: (a) find a multilateral solution in the context of the WTO to the problem of the non recognition of the collective rights of indigenous communities, peoples and nationalities as regards their practices in managing biodiversity and their natural environment; (b) deliberate on a solution to the misappropriation of biodiversity related knowledge, innovations and practices of indigenous communities, peoples and nationalities; (c) on the basis of an in depth discussion, work out a comprehensive and mandatory commitment regarding the prohibition of the patenting of plants and animals and other biological or microbiological processes relating to life forms; (d) ensure food sovereignty, through the TRIPS Agreement, on the basis of the promotion, conservation and recovery of agro biodiversity and associated ancestral knowledge, and the use, conservation and free exchange of seeds.
52. He said that it was essential to reach a multilateral solution in the framework of the TRIPS Agreement on: (i) recognition in the multilateral trading system of States' sovereignty over their biodiversity and all its components through the TRIPS Agreement; (ii) facilitating regulation, through specific bio security standards compatible with the CBD and the TRIPS Agreement, of the use and development of biotechnology and experimentation and sustainable marketing thereof; (iii) promoting the sustainability of biodiversity through recognition of the collective rights of indigenous communities, peoples and nationalities, regarding their biodiversity management practices, already recognized in multilateral legal instruments of organizations, such as the United Nations.
53. He said that, as a co sponsor of the proposals contained in documents IP/C/W/474 and TN/C/W/52, his delegation considered that these proposals were the result of a wide ranging technical discussion of nearly 10 years which had demonstrated the seriousness of biopiracy, misappropriation and depredation of biological/genetic resources whether or not related to traditional knowledge, and the fact that the collective rights of local and indigenous communities were unprotected and abused. Members therefore should draw particular attention to: (i) the importance of developing a real synergy in the relationship between the CBD and the TRIPS Agreement, as a basis for the prevention of biopiracy, equitable benefit sharing and prior informed consent, with specific legal consequences for non compliance; (ii) the importance of making use of the existing intellectual property system in order to protect biodiversity and promote sustainable and sovereign biotrade that respected collective rights; and (iii) the amendment of the TRIPS Agreement as regards the disclosure of origin, the legal consequence of misappropriation and the importance of the WTO's role in intellectual property and biotrade. It was important to use and adapt the existing intellectual property system, inter alia, in order to protect biodiversity and traditional knowledge and to promote fair and sustainable biotrade for the benefit of owners within the framework of the multilateral trading system. The promotion of such biotrade was particularly relevant as the WTO dispute settlement system attached considerable importance to the harmonization and protection of intellectual property rights. The WTO could be a suitable mechanism, amongst others, for protecting biodiversity and associated traditional knowledge.
