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

Ambassador Dennis Francis (Trinidad & Tobago)
E; F; G 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
92. The representative of Brazil said that his delegation's position on the three agenda items was well-known. It believed that the best way to achieve the objective of mutual supportiveness between the TRIPS Agreement and the CBD was to introduce a disclosure requirement into the TRIPS Agreement. A multilateral, mandatory disclosure requirement would be the most efficient way to address the international problem of misappropriation of genetic resources and traditional knowledge as it would allow mega-biodiverse developing countries to track down the supplying country by requiring patent applicants to disclose the supplying country as well as evidence of compliance with prior informed consent and benefit sharing. He said that over 80 WTO Members were in favour of the amendment to the TRIPS Agreement to introduce a mandatory disclosure requirement, as proposed in document IP/C/W/474. Norway had put forward a positive and constructive contribution to the debate in the Council contained in document IP/C/W/473. In the context of the Doha Round, the disclosure proposal was gaining momentum. One hundred and ten Members, over two thirds of the WTO membership, had defended a parallel, simultaneous and joint treatment of the three TRIPS issues in the horizontal modalities process as indicated in the joint submission (document TN/C/W/52). He said that it reflected a firm willingness of these Members to move towards negotiations on these three issues as part of the Single Undertaking of the Doha Round. He said that the TRIPS/CBD issue was a development-related issue and that an amendment to the TRIPS Agreement to introduce the disclosure requirement would be a major development outcome of the Doha Round and of great significance for developing countries.
IP/C/M/58