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
96. The representative of Canada said that the attempt to make a linkage between three TRIPS issues and to include them as part of the Single Undertaking was not helpful as it would complicate efforts to successfully conclude the Doha Round. The most meaningful way to advance the discussion on the TRIPS/CBD issue was to engage in fact based technical discussions of the various proposals with particular focus on those who had either best practices to share or had experienced misappropriation. Her delegation was committed to avoid erroneous patents, to secure the compliance with national arrangements on benefit sharing and to ensure patent offices to have necessary information to make proper decisions on the granting of patents. Nevertheless, her delegation had not been shown a contradiction between the TRIPS Agreement and the CBD and therefore the amendment of the TRIPS Agreement was not needed. She said that her delegation was committed to accelerate the work of the WIPO IGC under its renewed mandate for the budgetary biennium 2010 2011 and the WIPO Development. Referring to the joint proposal presented by Australia, Canada, the Netherlands, Norway and United States in WIPO IGC, she said that her delegation looked forward to continuing to engage with all the parties in the next session of the IGC. 97. Referring to the Bolivian proposal, she said that the review of Article 27.3(b) was meant to review Members' implementation rather than to revise the content of this article. Flexibility should be maintained in Article 27.3(b) to allow Members to implement it appropriately at domestic level.
IP/C/M/63