74. Brazil has a well-known position on the importance of promoting the neutral support between the TRIPS Agreement and the Convention on Biological Diversity (CBD), which is contained in document TN/C/W/59.
75. As mentioned by our colleague from India, national initiatives to regulate the relationship between IP and biodiversity are important, but they show their limit when other countries can use genetic resources without respecting the principles enshrined in the CBD. This is why we support an amendment to the TRIPS Agreement to introduce a mandatory requirement of disclosure of the origin of genetic resources in patent applications. Misappropriation of genetic resources and associated traditional knowledge could only be properly addressed with the full disclosure requirement in patent applications. This would allow monitoring and tracing the use of genetic resources, bringing strength and transparency to the international patent system. It is important to emphasize that, in the proposed mechanism to preclude misappropriation of genetic resources and associated traditional knowledge, patent offices would be nothing more than a checkpoint to collect and to disseminate information. It would not in any way represent an unnecessary burden to the national systems of IP or to applicants.
76. As you mentioned, there were great, recent developments at the CBD level, with the entering into force of the Nagoya Protocol. I would also that the UN convention on the law of the sea is discussing a treaty on the on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. More recently, the UN sustainable development goals have given us a clear mandate to safeguard biodiversity and to promote compliance with Nagoya.
77. Therefore, Members would greatly benefit from an update of the factual notes, as proposed by Ecuador and South Africa. This update does not prejudge positions of delegations, as those documents are restricted to facts, and would be the very least to address Member States' concern with the protection of their genetic resources, in which regard intellectual property has a concrete effect. The relationship between the TRIPS Agreement and the CBD is also one of the outstanding implementation issues of the WTO. We urge delegations to show a constructive spirit in order to have a sustainable discussion on a topic that is ever more important. Lastly, we also join our voices to invite you all to the International Conference on TRIPS and CBD, which will be held this week at the Palais des Nations.