70. On the Review of the Provisions of Article 27.3(b), my delegation does not support the patenting of life forms comprising plants and animals. We call for the review of this Article in order to protect developing countries and LDCs from the negative effects of this provision on the key sectors that affect their livelihood such as agriculture, health, food and climate change. This would help ensure inter alia: food security and preserve the integrity of rural and local communities. Patenting of life forms at a multilateral level should be prohibited.
71. On the relationship between the TRIPS Agreement and the CBD, we hold that states have the right and duty to protect their traditional knowledge and genetic resources. There is therefore need to amend the TRIPS Agreement with the view to require patent applicants relating to biological materials to provide information on the source and country of origin of biological resources and traditional knowledge used in the invention.
72. In addition, the applicants must show evidence of prior informed consent from, and benefit sharing arrangements with, the authorities and or persons under the relevant national regime. This disclosure requirement, which is consistent with the transparency principle established in the multilateral trading system, will help to reduce the number of erroneous patents and bio piracy. We believe that whilst traditional knowledge should receive legal recognition, its protection could as well contribute significantly to the achievement of development goals.
