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

H.E. Ambassador Dr. Walter Werner
5   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
91.   The Doha Ministerial Declaration in 2001 instructed the Council for TRIPS to examine the relationship between the TRIPS Agreement and the CBD, and the protection of traditional knowledge and folklore. Since then, this is one of the long-standing issues that has been discussed in the TRIPS Council. 92.   Despite the fact that some proposals were tabled to the TRIPS Council with the intention to move forward the discussion on the relationship between the TRIPS Agreement and the CBD, no significant progress has been made. 93.   Biopiracy, including misappropriation of genetic resources, could happen in any corner of the world. The CBD is put in place to ascertain that utilization of genetic resources shall be based on key principles such as prior informed consent and fair and equitable benefit sharing. It is noted that misappropriation of genetic resources and associated traditional knowledge can be prevented in the intellectual property regime on the basis of a "disclosure requirement". 94.   In addition to the discussion in the TRIPS Council at the WTO, aspects of genetic resources in relation to intellectual property have also been discussed in the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) at WIPO. Due to the significance of genetic resources, it is believed that both international fora should pursue their works on this matter in parallel and in mutually supportive ways. 95.   Last but not least, I wish to repeat Thailand's support for the briefing by the CBD Secretariat.
The Council took note of the statements made and agreed to revert to the matters at its next meeting.
14.   The Chair proposed that, following past practice, the three agenda items would be addressed together. Members had seen important developments in these areas, over the last decade. However, information on those developments had not been shared with the TRIPS Council. For example, the Review of Article 27.3(b) was based on an Illustrative List of Questions agreed by the Council. To date, only 25 Members had submitted responses to that list and there had been no responses or updates since 2003. Similarly, there had been no notifications of domestic mechanisms to protect genetic resources and traditional knowledge under Article 63.2 TRIPS. He encouraged delegations to submit or update responses and to notify relevant laws and regulations to the TRIPS Council. This would definitively facilitate and enrich the discussions. He recalled that there had been no new developments on two long-standing procedural issues, namely:
a. The suggestion, first made in November 2012, that the Secretariat update the three factual notes on the Council's previous discussions on TRIPS/CBD and related items; and
b. The proposal, initially submitted in October 2010, that the CBD Secretariat be invited to brief the Council on the Nagoya Protocol to the CBD.
15.   The representatives of India, Egypt, China, Brazil, Bangladesh, the Plurinational State of Bolivia, Ecuador, Chinese Taipei, Chile, South Africa, Indonesia, Canada, Thailand, Australia, Japan, the United States of America, and Switzerland took the floor.
16.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/90, IP/C/M/90/Add.1