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

130.   Switzerland supports the introduction of a non-burdensome requirement into the TRIPS Agreement to disclose the source of genetic resources in patent applications for inventions directly based on a genetic resource. Introducing such a requirement makes in our view sense, when we also accept the principle of patentability of biotechnological inventions. 131.   In cooperation with the W/52 coalition (TN/C/W/52), a group of 109 WTO Members, Switzerland has submitted modalities proposals for three outstanding implementation issues at TNC level, next to the GI register and GI extension, these proposals including on a disclosure requirement for genetic resources and traditional knowledge in patent applications. 132.   These outstanding TRIPS implementation issues should be included in any future work programme of the WTO in view of finding appropriate solutions for them. 133.   The Council's discussion under agenda items 3, 4 and 5 can helpfully contribute to this objective. Sharing fact-based experience among Members enhance our understanding of what is at stake and of how the WTO should address best the interests and concerns of Members. 134.   Finally, my delegation can agree with the two proposals made - to request the Secretariat to update its three factual briefs under the triplet agenda items, and to invite the Secretariat of the CBD to give a briefing on the Nagoya Protocol to the TRIPS Council.

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