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

H.E. Ambassador Lundeg Purevsuren
4; 5; 6 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

126.   With respect to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD), Canada continues to believe that TRIPS and the CBD are complementary, and that there is therefore no need to amend the TRIPS Agreement in this regard. 127.   On the protection of traditional knowledge and folklore, Canada welcomes the ongoing work of WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), and looks forward to the upcoming fortieth session of the IGC, to be held in just over a week, from 17 to 21 June 2019, in Geneva. As we have previously noted, Canada continues to view the IGC as the most appropriate forum for discussion on the complex range of issues on this topic. In particular, the IGC has served, and continues to serve, as an important venue that brings together the necessary technical expertise and views, to identify evidence-based, balanced, and mutually-beneficial approaches to these issues. Canada has been, and continues to be, an active and committed participant in the work of the IGC and welcomes the concrete discussions and exchanges of national experiences in that venue, which remain key to considering the issues at hand. 128.   Finally, with respect to procedural matters at the TRIPS Council, as Canada has previously noted, and without prejudice to our position on substantive matters, Canada can continue to support a procedural briefing from the CBD Secretariat to the TRIPS Council, should there be sufficient interest from other Members on the matter. Similarly, without prejudice to Canada's national positions on these issues, Canada could also support the compilation of the three factual notes on the TRIPS Agreement and the CBD (documents IP/C/W/368/Rev.1, IP/C/W/369 Rev.1, and IP/C/W/370 Rev.1) by the WTO Secretariat. As it has been previously noted in this committee, Canada remains of the understanding that this would remain an information collating exercise.

The Council took note of the statements made and agreed to revert to the matters at its next meeting.
18.   The Chair proposed that, following past practice, agenda items 4, 5 and 6 be addressed together. He noted that there had been important developments in these areas in many WTO Members, which had not been shared with the Council. Until recently, only 25 Members had responded to the List of Questions on Article 27.3(b), and the last response dated from 2003. Mexico had recently submitted its responses, which had been circulated in document IP/C/W/125/Add.25. He invited Mexico to introduce its submission.
19.   The representative of Mexico took the floor.
20.   The Chair encouraged delegations to submit responses to the List of Questions or update their previous responses; as well as notify any relevant changes in legislation.
21.   He noted that two longstanding procedural issues under these items have been discussed extensively on the record, at every regular meeting of the Council for almost nine years:
a. First, the suggestion for the Secretariat to update the three factual notes on the Council's discussions on the TRIPS and CBD and related items; these notes were initially prepared in 2002 and last updated in 2006; and
b. Second, the request to invite the CBD Secretariat to brief the Council on the Nagoya Protocol to the CBD, initially proposed in October 2010.
22.   The positions on these issues were well-known and already extensively recorded in the Council minutes. In addressing these procedural questions, he encouraged delegations to focus on suggestions as to how to make resolve them.
23.   The representatives of Mexico; Benin, on behalf of the LDC Group; Switzerland; the Plurinational State of Bolivia; Nigeria; Bangladesh; Japan; Brazil; Indonesia; China; India, New Zealand; South Africa; Canada; Australia; the Russian Federation; and the United States of America took the floor.
24.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/92, IP/C/M/92/Add.1, IP/C/M/92/Corr.1