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

H.E. Ambassador Lundeg Purevsuren
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
88.   On the agenda items 4, 5, and 6, the position of Bangladesh has not changed. We reiterate our position for the sake of record. 89.   On the agenda item 4, on the issue of the review of the provisions of TRIPS Article 27.3 (b), Bangladesh does not support the patenting of life forms comprising plants and animals. We call for a review of this Article in order to protect developing countries and LDCs from the negative effects of this provision on the key sectors that affect their livelihood such as agriculture, health, food, and climate change. This would help ensure, inter alia, food security and preserve the integrity of rural and local communities. Patenting of life forms at a multilateral level should be prohibited. 90.   On the relationship between the TRIPS Agreement and the CBD, Bangladesh holds that Members have the right and duty to protect their traditional knowledge and genetic resources. There is, therefore, a need to amend the TRIPS Agreement with a view to requiring applicants of patent relating to biological materials to provide information on the source and country of origin of biological resources and traditional knowledge used in the invention. 91.   In addition, applicants must show evidence of prior informed consent from, and benefit sharing arrangements with, the authorities and/or persons under the relevant national regime. This disclosure requirement, which is consistent with the transparency principle established in the multilateral trading system, will help reduce the number of erroneous patents and biopiracy. 92.   Bangladesh believes that traditional knowledge should receive legal recognition as its protection could as well contribute significantly to the achievement of the sustainable development goals.
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