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

H.E. Ambassador Lundeg Purevsuren
3; 4; 5 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
109.   Thailand would like to reiterate our position that we do support to have a Multilateral Legal Framework which incorporates the key provisions of the CBD related to the disclosure requirement, fair and equitable benefit-sharing, and prior informed consent principles. These principles ensure and enhance transparency and legal certainty in the patent application system. 110.   We believe that the promotion of a balanced patent system that benefits both patent applicants and the public interest should be recognized and implemented. 111.   We also believe that the TRIPS Council is an appropriate forum to discuss this important issue and the work under this Council could pursue in parallel and in a mutually supportive manner with the work in the WIPO IGC. 112.   In addition, Thailand would like to reiterate our support for the Secretariat to update the three factual notes, and also for inviting the CBD Secretariat to brief the Council on the Nagoya Protocol.
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 be addressed together. He noted that, Ukraine had recently submitted its responses to the List of Questions on Article 27.3(b), which had been circulated in document IP/C/W/125/Add.26. He invited Ukraine to introduce its submission.
15.   The representative of Ukraine took the floor.
16.   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.
17.   He noted that two longstanding procedural issues under these items had 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.
18.   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 resolve them.
19.   The representatives of South Africa; Bangladesh; India; Ecuador; Indonesia; the Plurinational State of Bolivia; Zimbabwe; Brazil; Nigeria; Australia; Thailand; Chile; China; Canada; Japan; Switzerland; and the United States of America took the floor.
20.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.
IP/C/M/93, IP/C/M/93/Add.1