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

H.E. Ambassador Dr Walter Werner
Benin on behalf of Least-developed countries

78.   At this stage of our work, the LDC Group would like to comment not only on agenda item 4, "Review of the Provisions of Article 27.3(b)", but also, in light of the mandate set forth in paragraph 19 of the Doha Declaration, on items 5, 6 and 8. 79.   The LDC Group would like to reaffirm its Members' keen interest in examining, within the context of the work of the TRIPS Council and in accordance with Article 27.3(b) of the TRIPS Agreement, the relationship between the TRIPS Agreement and the Convention on Biological Diversity, and the protection of traditional knowledge and folklore. 80.   The use of LDC genetic resources, whether illegal or legal, is not covered by any multilateral regulatory framework. The disclosure of the origin of these resources remains crucial not only for their protection, but also for the sharing of the benefits arising from their use. 81.   The review of the implementation of the TRIPS Agreement under Article 71.1 also remains a priority for LDCs. Paragraph 19 of the Doha Declaration in fact provides an additional mandate from our Ministers, establishing a work programme on this subject. There is no deadline for concluding this work programme. 82.   LDCs are keen to protect traditional knowledge and traditional cultural expressions against misappropriation, misuse and unlawful exploitation, all of which is important in the context of the WTO mandate. 83.   The LDC Group will examine this issue in terms of the real needs and constraints faced by its Members, with a view to submitting its contributions to the TRIPS Council very shortly.

16.   The Chair said that, as had already been noted during previous meetings, WTO Members had seen important developments in this area over the last decade. However, they had not shared information on those developments with the TRIPS Council. He believed that such information would enrich discussions. The Council had agreed on an Illustrative List of Questions (IP/C/W/122), which served as the basis for the review of on Article 27.3(b). However, only a minority of Members had provided responses; and there had been no response or updates since 2003. Similar gaps were also apparent with regard to Members' obligations under Article 63.2, as important legislative developments had not been notified to the TRIPS Council. He encouraged delegations to submit or update responses and to notify relevant laws and regulations to the TRIPS Council.
17.   The Chair noted that there were also two long-standing procedural issues which have been discussed for many years:
a. The suggestion made in November 2012 that the Secretariat update the three factual notes on the Council's previous discussions on the TRIPS and CBD and related items; these notes had been initially prepared in 2002 and last updated in 2006; and

b. The request that the CBD Secretariat be invited to brief the Council on the Nagoya Protocol to the CBD, initially proposed in October 2010.
18.   The Chair reported that there had been no developments on these procedural issues, during the informal consultation that had taken place the previous week. He invited delegations to share their suggestions on how to make progress.
19.   The representatives of India; Ecuador; South Africa; Brazil; Benin, on behalf of the LDC Group; the United States; Bangladesh; Japan; Switzerland; Australia; the Republic of Korea; Canada; China; and Indonesia took the floor.
20.   The Chair encouraged Members to have further discussions to resolve the outstanding procedural issues, and said that he stood ready to assist in the consultations.
21.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/89, IP/C/M/89/Add.1