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

Ambassador Eduardo Pérez Motta (Mexico)
R.i Report to the TNC
314. The Chairman recalled that paragraph 12 of the Doha Ministerial Declaration instructed the Council to report to the TNC on outstanding implementation issues by the end of 2002 for appropriate action. He said that, prior to the meeting, he had consulted with Members on how the Council should report to the TNC. There seemed to be agreement that a rather brief report might set out clearly the work that had been done in regard to each of the outstanding implementation issues, namely, the way these issues had been put on the agenda, the meetings at which they had been discussed, the way the discussion had been organized, the documents that had been submitted and prepared, and references to the records of the discussions that had taken place. However, certain Members had expressed their desire to go further than that as regards two matters among these issues. 315. He informed the Council that it had received, on 26 November 2002, a proposal for inclusion in the Council's report to the TNC by Bulgaria, Cyprus, the Czech Republic, the European Communities, Georgia, Hungary, India, Jamaica, Kenya, Liechtenstein, Malta, Mauritius, Pakistan, Romania, the Slovak Republic, Slovenia, Sri Lanka, Switzerland, Thailand and Turkey (JOB(02)/194). These Members proposed that the Council recommend to the TNC to adopt specific guidelines for the negotiations on the extension of the protection of geographical indications provided for in Article 23 of the TRIPS Agreement to products other than wines and spirits. Furthermore, he recalled that a number of delegations had expressed, earlier in the course of the meeting, their wish that the Council's report to the TNC would refer to the proposal made by Brazil, China, Cuba, the Dominican Republic, Ecuador, India, Pakistan, Thailand, Venezuela, Zambia and Zimbabwe in paragraph 10 of document IP/C/W/356. These Members proposed, in relation to the issues of the relationship between the TRIPS Agreement and the CBD and the protection of traditional knowledge, that the Council recommend to the TNC that it take a decision to the effect that the TRIPS Agreement should be amended in order to provide that Members should require that an applicant for a patent relating to biological materials or to traditional knowledge should provide certain additional information as a condition to acquiring patent rights.
IP/C/M/38