47. The representative of Bangladesh did not support the patenting of life forms as per its domestic laws and moral and ethical grounds. States had sovereign rights over traditional knowledge and genetic resources. Misappropriation of genetic resources and traditional knowledge was a matter of concern to developing countries and LDCs. It was imperative to safeguard genetic resources and traditional knowledge and folklore through effective disclosure requirements. The TRIPS-CBD issue was a critical implementation issue for all the developing countries and LDCs. Both the TRIPS Agreement and the CBD and the Nagoya Protocol broadly upheld innovation for the development of the people. The TRIPS Agreement and the CBD were complementary to each other. The CBD provided that states had sovereign rights over their genetic resources. It was normal for a patent applicant to disclose the source of genetic resources and traditional knowledge if it was not the right owner of the resource. The disclosure requirement was consistent with the transparency principle established in the multilateral trading system. The disclosure requirement would help to reduce the number of erroneous patents and biopiracy, and also ensure sharing of benefits to the rightful owners of the resources. The mandate provided for in paragraph 19 of the Doha Declaration and reinforced in subsequent ministerial declarations should be implemented in an early and constructive manner.
