343. The representative of Brazil reiterated its proposal that the Council's report to the TNC contain recommendations on the continuation of negotiations to amend Article 27.3(b) of the TRIPS Agreement in order to bring the TRIPS Agreement in line with the provisions of the Convention on Biological Diversity. His delegation agreed fully with India's statement that outstanding implementation issues were an integral part of the work programme of the Doha development round. He agreed with Australia's assertion that it was incorrect and not constructive to attempt to treat one outstanding implementation issue as if it was more important or more of a priority than other outstanding implementation issues. With respect to outstanding implementation issues, all demanders had the right to pursue appropriate work in the framework of a work programme of the Doha development round. He disagreed with the statements that the work in the Council on the relationship between the TRIPS Agreement and the CBD had been exhausted. He believed that paragraphs 12 and 19 of the Doha Ministerial Declaration provided Members with an appropriate mandate for the pursuit of negotiations to amend Article 27.3(b) of the TRIPS Agreement. Moreover, those paragraphs allowed the presentation of other proposals related to the issue of traditional knowledge and folklore. Brazil would certainly be interested in pursuing work on a regime of positive protection of traditional knowledge and folklore, and was looking forward to the presentation of negotiating proposals to that effect. In his view, it was incorrect to state that the outstanding implementation issues referred to in paragraph 12(b) did not have a negotiating mandate. The Council's report to the TNC should quote from paragraph 12 of the Declaration and reaffirm the fact that negotiations on outstanding implementation issues shall be an integral part of the work programme of the Doha development round.
