94. The representative of Japan said that the issues of the CBD compliance issue and erroneously granted patents should be discussed separately. He informed the Council that the discussion on the CBD compliance had been carried out actively at the CBD ABS Working Group toward the 10th Session of CBD Conference of Parties to be held in Nagoya in October 2010. He said that the establishment of comprehensive databases for patent examiners could be a solution to the issue of erroneously granted patents. Referring to the Bolivian proposal, he said that the review of Article 27.3(b) should be limited to the review of optional exclusions and exception to the exclusions which were provided for in Article 27.3(b) (see document IP/C/W/236). The discussion in the Council should be limited to that mandate, while the Bolivian proposal extended that mandate. He said that as there was no definition of indigenous communities, farmers' rights and traditional knowledge, Members might need to discuss these definitions, such as on going text based negotiations at the WIPO IGC. He informed the Council that the WIPO IGC reached agreement on the modalities for its intersessional meetings in March 2010, and a new proposal on generic resources had been introduced. Members should consider the progress made in WIPO. In conclusion, he said that the three TRIPS issues should be dealt with individually based on their own merits.
