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
80.   Regarding agenda item 4, Ukraine follows discussions on this issue in the TRIPS Council meetings and shares the opinions of the WTO Members concerning its importance. Ukraine has started its respective ratification process regarding the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (CBD). 81.   Ukraine supports suggestions of delegations concerning updating by the WTO Secretariat the factual notes on the TRIPS Council`s discussions with respect to the relationship between the TRIPS Agreement and the CBD and the request to invite the CBD Secretariat for briefing the TRIPS Council on the Nagoya Protocol.
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