65. The representative of Nigeria said that, after more than a decade of discussions in the Council for TRIPS, a majority of the WTO membership proposed to amend the TRIPS Agreement to provide for a mandatory requirement of disclosure of prior informed consent and equitable sharing of benefit arising from the use of genetic resources and associated traditional knowledge. The amendment would fulfil the objectives and principles provided for in Articles 7 and 8 of the TRIPS Agreement and establish an adequate and effective coordination between the TRIPS Agreement and the CBD. The amendment would ensure the mutual supportiveness between the TRIPS Agreement and the CBD and avoid potential conflict in their applications. To this end, the Council for TRIPS was only for solving the problem of misappropriation of genetic resources and associated traditional knowledge. The TRIPS Agreement was the only international agreement on trade related intellectual property issues with the dispute settlement mechanism.
66. He said that a report entitled "Pirating African Heritage: the Pillaging Continues" by the African Centre of Biodiversity brought to light the concern over the flexible nature of patents in some countries, which had been used to promote misappropriation of biological resources and associated traditional knowledge from developing countries. Biopiracy had become an international issue, which needed to be discussed at the international level. While the protection of patents, copyright and trademarks had already been subject to enforcement at the national level, IPR protection had been introduced into the WTO. The disclosure requirement would not impose undue burden on African applicants but rather would ensure legal certainty in the patent system, thereby encouraging the investment in the field of biotechnology.
67. He said that, according to the proposal of the draft modalities as contained in document TN/C/W/52, three TRIPS issues must be dealt with in parallel and expeditiously. The proponents had come to the conclusion that the only way to combat biopiracy and misappropriation of genetic resources and associated traditional knowledge was through an amendment of the TRIPS Agreement. The amendment would ensure the disclosure of origin of biological resources, evidence of prior informed consent, and evidence of equitable benefit sharing. The disclosure requirement would add value to resources in developing countries and would ensure the balance between indigenous peoples and intellectual property right holders. He welcomed the engagement of the Director General as mandated by the Hong Kong Ministerial Declaration. During the consultations held by the Director General, all questions and answers helped to clarify most, if not all, of the concerns raised by the opponents. He called for the resumption of consultations, which would eventually lead to the modalities on the three TRIPS issues.
