29. The representative of Angola, speaking on behalf of the LDC Group, said that the outcome of review of Article 27.3(b) should not constrain LDCs from using the TRIPS Agreement to advance national development interests nor result in situations that would run counter to morality. As highlighted in paragraph 19 of the Doha Ministerial Declaration, the discussions under this agenda item were closely linked to the discussions on the TRIPS/CBD issue as well as the protection of traditional knowledge and folklore. The LDC Group appreciated efforts undertaken by the Director-General to conduct parallel informal consultations on the issues of TRIPS/CBD and GI extension. He said that the review of Article 27.3(b) should clarify the patentability of plants and animals as well as of microorganisms and all other living organisms and their parts. Life forms and natural processes for the production of plants, animals and other living organisms should not be subject to patent protection. Meanwhile, it was important to maintain the flexibility of the sui generis system for the protection of plant varieties, which allowed Members to develop their own systems based on their own needs. The flexibility would contribute to improving food security by ensuring that indigenous peoples' inventions were protected and access to seed was guaranteed. He said that biodiversity was an important resource for the livelihood of populations living in rural areas in most LDCs, yet benefits arising from the appropriation of such resources and the use of traditional knowledge by multinational corporations had barely been shared with the communities concerned. This issue should be addressed through introducing a mandatory disclosure requirement into the TRIPS Agreement. It was equally important to ensure that patent applicants demonstrated that they had obtained prior informed consent from competent authorities in the country of origin of genetic resources and that arrangements to facilitate the sharing of benefits arising from the appropriation of such resources and/or traditional knowledge were in place.
