Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Federico A. González (Paraguay) (24-25 October) and Mr. Martin Glass (Hong Kong, China) (17 November)
Angola on behalf of Least-developed countries
D; E; F 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
146. The representative of Angola, speaking on behalf of the LDC Group, said that, as highlighted in paragraph 19 of the Doha Ministerial Declaration, the discussion on review of Article 27.3(b) was closely linked to the discussion on the items of TRIPS-CBD and protection of traditional knowledge and folklore. He reiterated the LDC Group's position on review of Article 27.3(b), that is, to clarify the patentability of plants and animals as well as microorganisms and all other living organisms. The LDC Group was interested in ensuring that natural processes that produced plants and animals and other living organisms should not be subject to patent protection. He stressed the importance of maintaining flexibility with respect to the sui generis regime for the protection of plant varieties, that is, implementation should be based on an individual country's systems and needs. The flexibility would contribute to improving food security by ensuring that indigenous peoples' inventions were protected and access to seed was guaranteed. 147. He said that biodiversity was an important source of livelihood for the population living in rural areas in most of the LDCs. Yet benefits arising from the appropriation of such resources and use of their traditional knowledge by multinational cooperation had been shared with the community concerned. It was a matter of concern to the LDCs, which should be addressed by having a mandatory requirement under the provisions of the TRIPS Agreement for disclosure of the country of origin of the genetic resource and associated traditional knowledge used in the invention. It was equally important to ensure that patent applicants demonstrated that they had obtained or acquired prior informed consent from the competent authority in the country of origin of the genetic resource and that the arrangements to facilitate the sharing of benefits arising from the appropriation of such resource and traditional knowledge were in place. 148. The LDC Group took note of the progress made in other international forums, such as WIPO and CBD. The WIPO General Assemblies had renewed the mandate of the IGC and the Nagoya Protocol had been concluded in October 2010. Therefore, the LDC Group supported the request raised by India to invite the CBD Secretariat to make a presentation in the TRIPS Council. The observer status should be granted to other inter-governmental and non-governmental organizations, such as South Centre.
IP/C/M/67