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

Ambassador Choi Hyuck (Korea)
C; D; E 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
15. The Chairman suggested that, since the practice in the Council's past meetings had been that delegates address these three agenda items together, the Council continue to discuss them together. He recalled that, at its meeting in September 2004, the Council had received a submission from Bolivia, Brazil, India, Pakistan, Peru, Thailand and Venezuela on "Elements of the Obligation to Disclose the Source and Country of Origin of Biological Resource and/or Traditional Knowledge Used in an Invention" (IP/C/W/429/Rev.1 and addendum 1). Since the Council's last meeting, Colombia and the Dominican Republic had requested that they be added to the list of sponsors of the submission; these communications had been circulated in addenda 2 and 3 to the document. He also recalled that three new documents had been presented to the Council's March meeting, one from Peru focusing on Peru's experience in fighting biopiracy through the National Commission on Prevention of Biopiracy (IP/C/W/441/Rev.1); another from the delegation of Brazil on behalf of Bolivia, Brazil, Colombia, Cuba, the Dominican Republic, Ecuador, India, Peru and Thailand entitled "The Relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) and the Protection of Traditional Knowledge – Elements of the Obligation to Disclose Evidence of Benefit-Sharing under the Relevant National Regime" (IP/C/W/442); and a third from India on behalf of Brazil and India containing technical observations on issues raised in an earlier communication from the United States (IP/C/W/443). All of these documents had been received just prior to that meeting and some delegations had said that they intended to comment on these submissions at the present meeting. Furthermore, since its last meeting, the Council had received the following new communications: a communication from Switzerland containing questions on proposals submitted by other Members relating to the three agenda items (IP/C/W/446); a communication from Peru on its position in relation to the disclosure of origin and legal provenance (IP/C/W/447); and a communication from the United States relating to the three agenda items (IP/C/W/449).
IP/C/M/48