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

118.   This is a very important issue in this Council. We believe that Members should be involved in this discussion more constructively. 119.   Regarding the substantive issues, China supports amending the TRIPS Agreement so as to ensure the mutual support of the TRIPS Agreement, the CBD and its Nagoya Protocol. 120.   As to the issue of disclosure, China, with a majority of Members, has provided detailed suggestions on negotiation modes, improving transparency on genetic resources utilization, preventing the misappropriation of genetic resources and traditional knowledge, and preventing the grant of erroneous patents in two documents TN/C/W/52 and TN/C/W/59. We believe that setting up a reasonable system for prior informed consent and benefit sharing could ensure better protection for genetic resources. 121.   As regards the procedure, China hopes that the WTO Secretariat could renew the three factual notes and supports inviting the CBD Secretariat to brief on the Nagoya Protocol. And we believe that the discussion and negotiation in WIPO could not hinder Members to find a solution in WTO.

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