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

Ambassador Dacio Castillo (Honduras)
D; E; F REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B); RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY; PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
58. The representative of Brazil supported the introduction of a mandatory disclosure of origin requirement in the TRIPS Agreement. He said that this was an important step to make the IP system supportive of international provisions on that matter, such as the CBD and the Nagoya Protocol. 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 tracking down the country providing genetic resources and associated traditional knowledge through patent applications. The disclosure requirement would demand patent applicants to reveal the country providing genetic resources and associated traditional knowledge, as well as to provide evidence of compliance with the principles of prior informed consent and access and benefit sharing. Brazil supported the proposal to invite the CBD Secretariat to make a briefing on the Nagoya Protocol in the Council.
IP/C/M/69