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

H.E. Ambassador Dr. Walter Werner
5   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE

30.   There is no change in India's position on the issues of review of the provisions of Article 27.3(b), relationship between the TRIPS Agreement and the CBD, and protection of traditional knowledge and folklore. However, India would take this opportunity to highlight some of the important points from our last submission. India is an ancient civilization with a rich body of traditional knowledge associated with biological resources. In India's case, this traditional knowledge is both coded, as in the texts of Indian systems of medicine, such as Ayurveda, Unani and Siddha; and non-coded, which exists in the oral undocumented traditions. India is also amongst top 20 identified mega diverse countries in the world. 31.   Countries have adopted various methods to protect traditional knowledge and associated genetic resources at the national level. However, in the absence of an enforceable international regime, such domestic/national regimes on their own cannot address misappropriation of existing knowledge in foreign patent offices and biopiracy. 32.   Therefore, it has been one of our long-standing demand that there should be an international enforceable regime that makes patent offices the checkpoint to contain such misappropriation. As in fact, patents should not be granted for existing traditional knowledge and associated genetic resources, and where traditional knowledge and associated genetic resources form the basis of scientific development, patent applications must disclose source or origin of the resource and disclose whether the access was on mutually agreed terms. The TRIPS/CBD linkage is, therefore, important for developing countries because it seeks to address biopiracy. 33.   India is also of the view that a briefing by the CBD Secretariat on the latest developments in the implementation of the Nagoya Protocol would be very useful for a large majority of the Membership of this Council. India also supports updating of three factual briefs by the Secretariat on these issues.

The Council took note of the statements made and agreed to revert to the matters at its next meeting.
14.   The Chair proposed that, following past practice, agenda items 3, 4 and 5 would be addressed together. He noted that there had been important developments in these areas in many WTO Members. However, these developments had not been shared with the Council. Particularly, there had been no response or update to the Illustrative List of Questions on Article 27.3(b) (IP/C/W/122) since 2003; and only 25 Members had responded at all. Likewise, there had been no notifications to the TRIPS Council of domestic laws that related to the protection of genetic resources and traditional knowledge. He encouraged delegations to submit responses to the Checklist or update their previous responses; as well as to notify any relevant changes in legislation. At the previous meeting, delegations had continued their discussion on two long-standing procedural issues, namely the suggestion first made in November 2012 that the Secretariat update the three factual notes on the Council's previous discussions on TRIPS/CBD and related items; and the proposal initially submitted in October 2010 that the CBD Secretariat be invited to brief the Council on the Nagoya Protocol to the CBD. He said that he had no new developments to report in this regard.
15.   The representatives of India, South Africa, Ecuador, China, the Plurinational State of Bolivia, the United States of America, Japan, Brazil, Canada, Switzerland, Australia, Indonesia and Chile took the floor.
16.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/91, IP/C/M/91/Add.1, IP/C/M/91/Corr.1