Ambassador Mothusi Palai (Botswana)

Brazil

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

209. Brazil would like to thank the delegation of Ecuador for raising this important debate on climate change and technology transfer in the context of the IP system's contribution to adaptation and mitigation efforts. Brazil welcomes the debate and would like to present some considerations on the relationship between climate change and the TRIPS Agreement. 210. Brazil would like to recall the principle of common but differentiated responsibilities that has led the international community in the debates on the UNFCCC. We also understand that developing countries have an important role to play in fighting climate change. 211. The TRIPS Agreement is the result of negotiations that struck a delicate balance between the objectives of fostering innovation and promoting public interest in sectors of vital importance to socioeconomic and technological development. One basic principle of the Agreement is that the protection of IP should contribute not only to technological innovation, but also to the transfer and dissemination of technology, to the mutual benefit of producers and users of technological knowledge and in a conducive manner to the social and economic well-being. In this sense, the use of flexibilities provided for in the TRIPS Agreement is essential to safeguard that these objectives (social and economic well-being) will be reached. In the same line, the latest UN report on climate change Climate Change 2014: Mitigation Of Climate Change stated that although strong IP rights may force green technology developments and transfer in developed countries, there is a lack of evidence to support the strengthening of IP in developing countries. It also mentions that problems could arise if new, very broad patents were granted that impede the development of future, more efficient technologies. 212. Taking into account the large number of questions raised by Members on the subject, Brazil could go along with the proposal of Ecuador of revisiting their proposal in light of the discussions we have had in the TRIPS Council.

The Council took note of the statements made.

11.1. The Chairman said that this item had been put on the agenda at the written request by the delegation of Ecuador. He 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" (IP/C/W/585 in English and French, and IP/C/W/585/Rev.1 in Spanish) At Ecuador's request, the Council had continued this discussion at its subsequent meeting in June 2013 under agenda item "Intellectual Property, Climate Change and Development", and in October 2013 and February 2014 under the current heading.

11.2. The representatives of Ecuador, the United States, Switzerland, Cuba, Japan, Chile, the European Union, El Salvador, Canada, Brazil, China, World Intellectual Property Organization, Peru, Brazil, India, the Bolivarian Republic of Venezuela, and Nigeria on behalf of the African Group took the floor.

11.3. The Council took note of the statements made.

IP/C/M/76, IP/C/M/76/Add.1