90. Traditional medicine is either the mainstay of health care delivery or serves as a complement to it. Traditional and complementary medicine (T&CM) has been an important and often underestimated part of health care. The socio-cultural practice and biodiversity heritages of traditional medicine are invaluable resources to evolve inclusive, diverse sustainable development. The contribution of traditional medicine to health systems is yet to be completely realized. The establishment of WHO's Global Centre for Traditional Medicine in India in April 2022, with estimated USD 250 million committed by the Government of India reflects the commitment and the vision to harness the latent potential of traditional medicine systems to be a catalyst in promoting global health along with sustainable development. Additionally, the launch of an informal group called the "Friends of Traditional Medicine" by India in May 2023 in the build-up to the World Health Assembly, will serve as an informal platform to discuss and seek support towards mainstreaming traditional medicine, including for achieving Universal Health Coverage, and support WHO's efforts for appropriate integration of traditional medicine into health systems. 91. India being one of the ancient civilizations has preserved a rich body of traditional knowledge associated with biological resources and the concern faced by countries with rich indigenous and traditional knowledge systems like India, is the misappropriation of this knowledge. These facts and developments attest to the importance of the linkage between TRIPS Agreement and the Convention on Biological Diversity (CBD). 92. Article 16.5 of the CBD recognizes "that patents and other intellectual property rights may have an influence on the implementation of this Convention". It mandates that the Parties "shall cooperate in this regard, subject to national legislation and international law, in order to ensure that such rights are supportive of and do not run counter to its objectives." Furthermore, the Doha Ministerial Declaration in paragraph 19 has mandated that the TRIPS Council examine the relationship between TRIPS and the CBD, and the protection of traditional knowledge and folklore. 93. India therefore continues to call for an international enforceable regime to contain misappropriation. We must work to make the TRIPS Agreement better integrate into and complement the goals envisaged in the CBD; an important environment agreement that we often ignore, even amidst the ongoing Trade and Environment week. Despite several submissions like TN/C/W/52 submitted in June 2008 with the support of 109 Members followed by the last submission on this issue TN/C/W/59 in April 2011 proposed by a vast majority of WTO membership, it is regrettable that progress remains elusive. 94. In this regard, we note that some Members view the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) process to be the right forum for these discussions, missing the point that these discussions at the WIPO IGC process are complementary and mutually supportive of our work here at this Council. Therefore, as often heard in WTO, processes or choice of fora should not limit our engagement on substance. Given the enforceability of the TRIPS Agreement and the fact that much of the misappropriation is a consequence of trade, there is both the mandate and a strong need to build the linkage between the TRIPS Agreement and the CBD under the aegis of this Council. 95. Therefore, considering the mandate from the Doha Ministerial Declaration and the 2030 Sustainable Development Goals (SDGs), targets 2.5 and 15.6 to which we are all committed, that specifically call for promoting access to and fair and equitable sharing of benefits arising from the utilization of genetic resources and associated traditional knowledge, it is crucial for us to take these discussions forward towards an outcome. To this end a formal briefing by the CBD Secretariat on the latest developments on this issue, as well as an update of the factual briefs will be useful for Members. And we hope that the votaries of external stakeholder engagement should principally have no concern with CBD briefing. 96. Lastly, India remains fully committed to continue our efforts in building momentum and achieving an outcome on these important issues.
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