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

H.E. Ambassador Lundeg Purevsuren
3; 4; 5 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

70.   China attaches great importance to the TRIPS-CBD linkage issue and participated in a lot of useful discussions in this Council. We call for Members' continuous involvement in this discussion. 71.   Regarding the substance, China has two points: (1) we note that in previous meetings the majority of Members, including China, supported amending the TRIPS Agreement so as to ensure the mutual supportiveness of the TRIPS Agreement, the CBD and its Nagoya Protocol. We believe that setting up a reasonable system for prior informed consent and benefit sharing could ensure better protection for genetic resources; (2) China puts special emphasis on the disclosure of genetic resources in the process of patent application. China has provided detailed suggestions on improving the transparency on genetic resources utilization, preventing the misappropriation of genetic resources and traditional knowledge, and preventing the grant of erroneous patents in two joint proposals contained in documents TN/C/W/52 and TN/C/W/59. 72.   As regards the procedure, China has three points: (1) we believe that the discussion in the WIPO IGC could not hinder Members from finding a solution in the WTO; (2) we support inviting the CBD Secretariat to brief on the Nagoya Protocol; and (3) China hopes that the Secretariat could update the three factual notes.

The Council took note of the statements made and agreed to revert to the matters at its next meeting.
11.   The Chair proposed that, following past practice, agenda items 3, 4 and 5 be addressed together. He recalled that one tool for the review under item 3 was the information provided by Members in response to a list of questions on Article 27.3(b). Last year the Council had received the responses by Ukraine and Mexico. These had been the first responses after 15 years. He encouraged delegations to submit responses to this Checklist or update their previous responses; as well as notify any relevant changes in legislation.
12.   He noted that two longstanding procedural issues under these items had been discussed extensively on the record, at every regular meeting of the Council for several 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.
13.   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 resolve them.
14.   The representatives of Brazil; India; Bangladesh; Nigeria; China; Indonesia; Kenya; South Africa; Ukraine; the United States of America; Switzerland; Japan; Canada; and Plurinational State of Bolivia took the floor.
15.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/94, IP/C/M/94/Add.1