Minutes - TRIPS Council - View details of the intervention/statement

Mr. Martin Glass (Hong Kong, China)
C; D; E REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b); RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY; PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
62. The representative of Cuba said that these three items had been discussed for nine years in the Council. The TRIPS/CBD issue was one of the issues and concerns related to the implementation and therefore her delegation had committed itself to finding appropriate solutions. Cuba had co sponsored the proposals contained in documents IP/C/W/474 and WT/GC/W/590 respectively, which should be the basis for Members' work. The introduction of a compulsory requirement of disclosure of origin of genetic resources could significantly contribute to the protection of genetic resources against misappropriation and could have an impact on the achievement of the CBD objectives, in particular those related to biological resources and traditional knowledge. The disclosure requirement would also facilitate the functioning of existing intellectual property systems. She appreciated the consultations held by the Director General and appealed for more open ended sessions to safeguard transparency. While recognizing the ongoing work in other forums, such as WIPO and CBD, she highlighted the relevance and importance of finding a solution in the WTO, and said the outcome in other forums would be complimentary to, but not replace an amendment of the TRIPS Agreement.
IP/C/M/63