29. The representative of Brazil said that the TRIPS-CBD issue had been the object of extensive and detailed technical discussions at the WTO over the past years. The discussions had taken place not only in the TRIPS Council but also in the consultations conducted by Director-General Lamy. The Director-General's report of 21 April 2011 (document WT/GC/W/633) covered the three TRIPS-related issues. The report clearly indicated that Members had covered many grounds and that the discussions had been useful for all parties involved.
30. The report indicated that "Members have consistently voiced support for the principles and objectives of the CBD, including the principle of prior informed consent and the principle of equitable sharing of benefits. They have agreed on the need to take steps to avoid erroneous patents, including through the use of databases, as appropriate, to avoid patents being granted on existing traditional knowledge or genetic resources subject-matter. None of the proposals discussed, namely disclosure requirements, databases, or the use of contracts, was proposed as a stand-alone response or complete solution to all problems outlined. Members continue to differ on whether the formulation and application of a specific, tailored disclosure mechanism relating in particular to genetic resources and associated TK would be useful and effective in ensuring that the patent system promoted CBD objectives, or whether other mechanisms should be preferred." The report was a concise and fair reflection of where Members stood at the moment.
31. He said that there was a broad convergence of views on the prevention of both misappropriation of genetic resources and the grant of erroneous patents, while differences persisted on how to pursue those objectives. Brazil remained hopeful that further debate in the Director-General's consultation process and in the TRIPS Council would help bridge the existing differences. He recalled that the group of countries including Brazil, China, Colombia, Ecuador, India, Indonesia, Peru, Thailand, the ACP Group and the African Group had tabled a new proposal on 15 April 2011 (document TN/C/W/59), which was intended to amend the TRIPS Agreement by inserting a new article entitled "Disclosure of Origin of Genetic Resources and/or Associated Traditional Knowledge".
32. TN/C/W/59 had been drafted as a legal text, which should be one of the bases for further discussion. Against the current background of uncertainty as to the way forward in the Doha Round, while Members continued to favour the parallel treatment of the three intellectual property issues in the Round, it did not mean that each issue could not be considered on its own merits. The protection of genetic resources and associated traditional knowledge against misappropriation had always been a priority for the developing countries.
33. He supported the proposal to invite the CBD Secretariat to make a briefing on the Nagoya Protocol in the TRIPS Council, and was open to the proposal to invite the WIPO Secretariat. He suggested that the Chair conduct consultations on that proposal. Given that there would be a key session of WIPO IGC in July 2011, he proposed that the TRIPS Council wait until October 2011 to invite WIPO to make such a briefing.
