Ambassador Alfredo Suescum (Panama)

Brazil

12 CONTRIBUTION OF INTELLECTUAL PROPERTY TO FACILITATE THE TRANSFER OF ENVIRONMENTALLY RATIONAL TECHNOLOGY

268. I would like to thank Ecuador for raising once again the important issue of climate change and technology transfer. Brazil welcomes the debate and would like to present some considerations on the relationship between climate change and the TRIPS Agreement. 269. The TRIPS Agreement is the result of negotiations that have struck a delicate balance between the stimulus of innovation and the promotion of public interest in sectors of vital importance to socio-economic and technological development of Members. One principle of the Agreement is that intellectual property contributes not only to technological innovation but also to technology transfer and technology dissemination to the mutual advantage of producers and users of knowledge in a way conducive to social and economic welfare. In this sense, the use of TRIPS flexibilities ensures that these objectives, socio-economic and technological development, will be reached. This flexibility must be applied bearing in mind the simultaneous objective of providing the necessary stimulus to innovation while at the same time providing adequate access to goods. 270. The issue of quality designation of patents is also relevant to this matter since low quality examination hinders innovation and generates unnecessary costs to users of the patent system. Low quality patents are especially burdensome in the case of environmentally sound technologies since low quality patents can stop the dissemination of technology in environmentally sound practice. The strengthening of policies of mitigation adaptation could also be fostered by the wide use of financial mechanisms in technology mechanisms of the UNFCCC, specially the Green Climate Fund (GCF) and the Adaptation Fund of the Kyoto Protocol. 271. In a nutshell, Brazil understands Member States are entitled to make full use of TRIPS flexibilities in order to cope with the possible impact of climate change.

The Council took note of the statements made.

12.1. The Chairman recalled that, at the Council's meeting in March 2013, Ecuador had briefly presented, under "Other Business", its submission entitled "Contribution of Intellectual Property for Facilitating the Transfer of Environmentally Rational Technology" (document IP/C/W/585). That document had been discussed at the Council's meeting in June 2013 under an item on "Intellectual Property, Climate Change and Development" that had been put on the agenda at the request of Ecuador.

12.2. The representatives of Ecuador, the Plurinational State of Bolivia, Indonesia, Cuba, China, United States, European Union, India, Japan, Canada, New Zealand, Chile, Australia, Switzerland, Brazil and Venezuela took the floor. The statements will be reproduced in an addendum to the present record.

12.3. The Council took note of the statements made.

IP/C/M/74, IP/C/M/74/Add.1