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

H.E. Ambassador Dr. Walter Werner
5   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
54.   Brazil has a well-known position on the importance of promoting the neutral supportiveness between the TRIPS Agreement and the Convention on Biological Diversity (CBD), which is contained in document TN/C/W/59. Enhancing the transparency and utilization of genetic resources and associated traditional knowledge through the introduction of a mandatory requirement of the disclosure of the origin in patent applications will reinforce the view that IP rules can work for the benefit of all countries and stakeholders. 55.   Biopiracy and misappropriation of traditional knowledge and traditional cultural expressions continue to occur. An amendment to the TRIPS Agreement would ensure cooperation between countries, reduce uncertainty for stakeholders and curb illegal activities related to this matter.
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