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

Ambassador Dennis Francis (Trinidad & Tobago)
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
1. The representative of Brazil appreciated the Director-General's decision to conduct dedicated consultations on the issues of TRIPS/CBD and GI extension pursuant to paragraph 39 of the Hong Kong Ministerial Declaration, which showed the importance attached to the TRIPS-related issues in the context of the Doha Round. He said that large coalition of 110 Members, integrated by both developing and developed countries, believed that the TRIPS-related issues deserved to be part of the Single Undertaking. His delegation remained convinced that the TRIPS Agreement and the CBD must be implemented in a mutually supportive way. Misappropriation of genetic resources and associated traditional knowledge was a serious and grave international problem faced by megadiverse developing countries, which required a commensurate international response to be provided within the legal framework of the international intellectual property system. He said that the introduction of an amendment to the TRIPS Agreement requiring patent applicants to disclose the country providing genetic resources and associated traditional knowledge was the best and only way for providing an effective response to the correlated problems of misappropriation and biopiracy. Over eighty WTO Members, as co-sponsors of document IP/C/W/474, were in favour of the amendment to the TRIPS Agreement to introduce a mandatory disclosure requirement. He also supported the draft modalities for three TRIPS issues as contained in document TN/C/W/52, and believed that three TRIPS-related issues must be dealt with in parallel. Parallelism in form and in substance remained the most effective way to expedite the work on the three TRIPS issues. In conclusion, he said that it was time for Members to start working on the draft modalities
IP/C/M/59