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

H.E. Ambassador Xolelwa Mlumbi-Peter
5; 6; 7 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
195.   With respect to the relationship between the TRIPS Agreement and the Convention on Biological Diversity, 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. 196.   On the protection of traditional knowledge and folklore, Canada welcomes the ongoing work of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC). 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. 197.   Canada has been 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. 198.   Furthermore, Canada regrets the postponement of substantive discussions at the IGC and looks forward to the prompt resumption of the IGC's important work in a mutually agreeable manner.
25.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
22.   The Chair proposed that, following past practice, agenda items 5, 6 and 7 be addressed together. She recalled that there had been important developments in this area in many WTO Members that have not been shared with this Council. So far, only 27 Members had responded to the List of Questions on Article 27.3(b), with Mexico and Ukraine being the most recent submissions. Two longstanding procedural issues under these items had been discussed extensively on the record, at every regular meeting of the Council for almost ten years now:
a. 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 had been initially prepared in 2002 and last updated in 2006; and
b. the request to invite the CBD Secretariat to brief the Council on the Nagoya Protocol to the CBD, initially proposed in October 2010.
23.   Delegations' positions on these issues were well known and already extensively recorded in the Council's minutes. Considering that the agenda was particularly full for the present one-day meeting, she strongly suggested that delegations focus their interventions on suggestions on how to resolve the differences and make progress on the substantive issues. Existing positions were very well known and were very clearly on the record, so there was no need to reiterate them.
24.   The representatives of Brazil; Tanzania, on behalf of the African Group; Bangladesh; South Africa; Zimbabwe; China; India; Nigeria; Kenya; Switzerland; Indonesia; Canada; the United States of America; the European Union; and Japan took the floor
25.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/95, IP/C/M/95/Add.1