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

Ambassador Dacio Castillo (Honduras)
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
84. The representative of Chile said that the three agenda items were important for Chile. In his view, the three fundamental requirements for patentability spelt out in Article 27.1, i.e. novelty, inventive step and industrial applicability, should be applied and respected in full by IP offices, and were this to happen, there should be no contradiction or conflict with the appropriation of naturally occurring life forms. It was essential for national and regional patent offices to have the full information available and the technical capacity to avoid granting erroneous patents that failed to comply with some of those patentability requirements. Databases therefore could improve access to information on genetic resources and traditional knowledge, and Chile was currently working in that area. 85. Owing to its geographical characteristics, Chile possessed a genetic variety which was endemic and therefore a heritage unique to it. For that reason, Chile was at present developing legal provisions aimed at regulating the matter more broadly, in line with its international commitments. Furthermore, it was conducting an analysis of the potential benefits of the disclosure requirement.
IP/C/M/70