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

H.E. Ambassador Lundeg Purevsuren
Benin on behalf of LDC Group
4; 5; 6 REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B); RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY; PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE

65.   Benin is making this statement on behalf of the Group of least developed countries. 66.   Discussions are underway within the Council for TRIPS, and have been for several years, regarding the three items: Review of the provisions of Article 27.3(b), the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD), and the protection of traditional knowledge and folklore. The Group of LDCs wishes to reiterate its position on this matter. 67.   The Group of LDCs is of the view that the TRIPS Agreement and the CBD should be implemented so as to be mutually reinforcing. To that end, the Group wishes to propose that the TRIPS Agreement be amended to include the mandatory disclosure requirement of the origin of genetic resources and traditional knowledge into patent applications. 68.   This mandatory disclosure requirement would be crucial for those LDCs that are rich in genetic resources and traditional knowledge and who often fall victim to bio piracy. Therefore, the inclusion of such a requirement in the TRIPS Agreement would help combat piracy and facilitate the sharing of profits generated by the exploitation of genetic resources and traditional knowledge as stipulated in the CBD. 69.   Along the same lines, the Group of LDCs is also of the view that traditional knowledge and folklore must enjoy adequate international legal protection so as to allow their owners to benefit from the profits that result from their exploitation. 70.   The Group of LDCs calls on the Council to continue to examine these three issues, including in forums outside the WTO. 71.   In conclusion, the Group of LDCs supports Ecuador's request to update the factual notes on review of the provisions of Article 27.3(b); the relationship between the TRIPS Agreement and the CBD; and the protection of traditional knowledge and folklore.

The Council took note of the statements made and agreed to revert to the matters at its next meeting.
18.   The Chair proposed that, following past practice, agenda items 4, 5 and 6 be addressed together. He noted that there had been important developments in these areas in many WTO Members, which had not been shared with the Council. Until recently, only 25 Members had responded to the List of Questions on Article 27.3(b), and the last response dated from 2003. Mexico had recently submitted its responses, which had been circulated in document IP/C/W/125/Add.25. He invited Mexico to introduce its submission.
19.   The representative of Mexico took the floor.
20.   The Chair encouraged delegations to submit responses to the List of Questions or update their previous responses; as well as notify any relevant changes in legislation.
21.   He noted that two longstanding procedural issues under these items have been discussed extensively on the record, at every regular meeting of the Council for almost nine years:
a. First, the suggestion for the Secretariat to update the three factual notes on the Council's discussions on the TRIPS and CBD and related items; these notes were initially prepared in 2002 and last updated in 2006; and
b. Second, the request to invite the CBD Secretariat to brief the Council on the Nagoya Protocol to the CBD, initially proposed in October 2010.
22.   The positions on these issues were well-known and already extensively recorded in the Council minutes. In addressing these procedural questions, he encouraged delegations to focus on suggestions as to how to make resolve them.
23.   The representatives of Mexico; Benin, on behalf of the LDC Group; Switzerland; the Plurinational State of Bolivia; Nigeria; Bangladesh; Japan; Brazil; Indonesia; China; India, New Zealand; South Africa; Canada; Australia; the Russian Federation; and the United States of America took the floor.
24.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/92, IP/C/M/92/Add.1, IP/C/M/92/Corr.1