H.E. Ambassador Dr. Walter Werner

Indonesia

5   PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE

66.   Indonesia's position is well-known, and we are in the process of incorporating the CBD provisions in our IP system. We believe that the TRIPS-CBD issue is important for most Members of the WTO and for this reason we would like to emphasis the following: we need to ensure the consistency and mutual supportiveness between the TRIPS Agreement and the Convention on Biological Diversity. We need to take necessary measures to ensure fair and equitable sharing of benefit arising from the utilization of genetic resources, traditional knowledge and folklore through the establishment of a disclosure requirement for patent applications. We also need assume substantive discussion in this Council as complementary to the discussion in other fora, such as WIPO with the view of achieving a fair and balanced trading system with regard to intellectual property. Indonesia also supports the suggestion that the CBD Secretariat be given an opportunity to brief the Council on any development related to the CBD and also urges the WTO Secretariat to update the factual notes.

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