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

H.E. Ambassador Dr. Walter Werner
United States of America
5   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
49.   Regarding genetic resources, traditional knowledge and folklore, we continue to believe that WIPO serves as the best forum to address these issues. The WIPO IGC is looking at addressing unresolved issues and working on a common understanding of core issues, using an evidence-based approach and examples of national experiences. The United States will continue to engage in technical discussions at WIPO IGC and looks forward to hearing more from the demandeurs regarding data supporting their positions on this issue. 50.   With respect to the various requests made in the meeting, the United States is not in a position to support them, but remains open to discussions, including bilaterally with delegations in between and at the margins of the TRIPS Council meetings.
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