71. The representative of Egypt attached high importance to the protection of biological resources, traditional knowledge and folklore. He said that it was an important developmental issue with implication on the preservation and development of natural and cultural heritage. His delegation continued to support and seek engagement in full negotiations on the TRIPS/CBD issue, which was a critical part of the implementation related issues and concerns as contained in the Doha Work Programme. He urged other Members to engage in this issue of prime importance to developing countries as part of the hope for developmental gains of the Doha Development Agenda. He said that technical discussions on this issue had been ongoing for almost a decade. During this period, several submissions had been made with the aim of clarifying the issues so that an effective and consistent framework could be established to enable WTO Members to meet their obligations under both the TRIPS Agreement and the CBD. In this regard, the TRIPS Agreement should be amended in order to provide that Members shall require an applicant for patents relating to biological materials or associated traditional knowledge to disclose the source and country of origin of the biological resources and associated traditional knowledge used in the invention. Furthermore, the applicant shall also provide evidence of prior informed consent and evidence of fair and equitable benefit sharing under relevant national regimes. He said that a solid case had been supported by a majority of the WTO membership for commencing text based negotiations as presented in document IP/C/W/474. The outcome of negotiations on the TRIPS/CBD issue should lead to the mandatory requirement of disclosure of origin of the biological material and the traditional knowledge used in the invention.
72. He welcomed the proposal submitted by Bolivia on the review of Article 27.3(b) of the TRIPS Agreement. He said that three issues raised in the proposal, mainly the patenting of life forms, the protecting of plant varieties and traditional knowledge and the rights of indigenous communities represented central issues with key implication for developing countries. He also agreed with the importance of the issues raised by Bolivia.
