95. The representative of Japan said that the proposal from India required thorough study. With respect to traditional and indigenous knowledge, while his delegation recognized the large contribution made for the conservation and development of biodiversity, the concept of traditional knowledge and indigenous peoples' rights seemed to be too unclear to be protectable on the basis of currently existing forms of intellectual property. There was also a question as to whether establishing such rights would not undermine existing intellectual property rights which were the subject of the TRIPS Agreement. Moreover, Article 27.3(b) of the TRIPS Agreement provided that Members of the WTO should protect plant varieties either by patents or by an effective sui generis system or by any combination thereof, but did not provide for the protection of traditional knowledge of indigenous peoples. Therefore, his delegation could not agree to the proposal to link a system of protection of traditional knowledge or indigenous peoples' rights to intellectual property rights covered by the TRIPS Agreement.
