H.E. Ambassador Lundeg Purevsuren

Bolivia, Plurinational State of

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

99.   Bolivia contends that natural processes and environmental functions cannot be commercialized, as this would, inter alia, raise concerns for many peoples and cultures of the world. 100.   We therefore reiterate our position against the patenting of all life forms in their natural state or one of the components thereof in insolation, including plants and animals and parts thereof, gene sequences and microorganisms. 101.   Bolivia considers that Article 27(3)(b) of the TRIPS Agreement is closely related to the Convention on Biological Diversity and that the provisions of the Agreement must therefore be supplemented in order to fully protect genetic resources and traditional knowledge and a balance between the two instruments must be struck. Bolivia supports any initiative that would foster such a balance. 102.   In the same vein, Bolivia notes that the absence of a balanced and effective framework to protect traditional knowledge and folklore has enabled the proliferation of illicit practices such as misappropriation and biopiracy, leaving developing countries in particular without appropriate mechanisms to provide adequate protection. It is therefore necessary to update the TRIPS Agreement irrespective of whether any negotiations on the matter are taking place within the World Intellectual Property Organization.

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