60. The representative of Peru said that his delegation's position on the three agenda items was in line with India, Brazil and Ecuador. While the CBD recognized national sovereignty over genetic resources, the TRIPS Agreement contained the provisions that allowed the granting of patents on biological resources and did not prevent biopiracy. Unlike the CBD, the TRIPS Agreement contained no provision that would ensure prior informed consent or equitable sharing of the benefit with the owners of the biological resources used in inventions. Hence, his delegation was in favour of amending the TRIPS Agreement to introduce a requirement of disclosure of origin and source of genetic resources, whether or not related to traditional knowledge, and the evidence of compliance with prior informed consent and benefit sharing in patent systems. He said that the multilateral and mandatory disclosure requirement would be the most efficient way to address misappropriation of genetic resources and traditional knowledge as it would allow all countries to track down the supplying country by requiring patent applicants to disclose the country of origin as well as evidence of compliance with prior informed consent and benefit sharing. Furthermore, the disclosure requirement would provide a platform to facilitate the compliance with the CBD and to prevent biopiracy. This would ensure the adequate compatibility between the TRIPS Agreement and the CBD.
61. He said that the intellectual property system was an important tool for economic, social and cultural development in Peru. This conviction, in addition to the need to improve the intellectual property system and to prevent its misuse to the detriment of developing countries, had prompted Peru to co sponsor document TN/C/W/52. He said that Peru did not seek to prevent access to or use of its natural resources, but to protect the nature resource and to ensure its sustainable use, which would be of benefit to all Peruvians, particularly indigenous communities and peoples. Peru did not oppose the granting of intellectual property rights either, but wanted to promote intellectual property rights in accordance with national and international laws. The disclosure requirement recognized the rights of the WTO Members, local communities and indigenous peoples over their genetic resources. Only by taking action against biopiracy would Members succeed in establishing a proper balance in patent systems and in intellectual property systems. Intellectual property systems should be based on the promotion of innovation. The WTO Members should contribute to improving the intellectual property system for the benefit of all Members, in particular the local and indigenous communities in developing countries.
