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

Ambassador Dacio Castillo (Honduras)
Korea, Republic of
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
79. The representative of Korea said that patenting life forms must not be denied considering all the benefits deriving from biotechnology, and added that inventors should be encouraged in order to enhance human welfare in the area of public health. He said that the TRIPS Agreement and the CBD could be implemented in a mutually supportive manner since their objectives were different. 80. He said that his delegation advocated establishing a traditional knowledge database system as a proper solution to address erroneously granted patents by allowing patent examiners to search for traditional knowledge and provide protection in the name of prior art in the process of patent examination. Mandatory disclosure requirements would increase legal uncertainty and eventually discourage researchers and inventors in the area of biotechnology. Hence his delegation was opposed to such requirements.
IP/C/M/70