63. The representative of Ecuador supported Bolivia's statement that the relevant provision of Article 27.3(b) should become binding. He was concerned over the lack of substantive and practical progress on the three agenda items, which stemmed from the specific mandate set out in paragraph 19 of the Doha Ministerial Declaration, instructing the Council "to examine, inter alia, the relationship between the TRIPS Agreement and the Convention on Biological Diversity, the protection of traditional knowledge and folklore, and other relevant new developments raised by Members pursuant to Article 71.1." To his knowledge, the mandate had been the outcome of an intense debate, on the basis of which Members had decided to further harness the concerns of the broader membership about the relationship between the TRIPS Agreement and the CBD, as well as the issue of proper protection of biodiversity, traditional knowledge and folklore against misappropriation, by incorporating the following elements: disclosure of the source and country of origin, prior informed consent, and equitable sharing of benefits.
64. Document TN/C/W/59 of 19 April 2011 captured more than 11 years of exchanges on those topics and contained the legal elements which, if incorporated in the Agreement, would guarantee a minimum of legal protection aimed at ensuring legitimate and fair access to biodiversity and/or associated traditional knowledge. He agreed with Brazil's that, pursuant to the Ministerial mandates, the Director-General's discussions on the relationship between the TRIPS Agreement and the CBD should be resumed. Further, he said that he would welcome a briefing on the Nagoya outcomes by the CBD Secretariat, as suggested by the delegation of India, to be held within the framework of a regular meeting of the Council.
