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

H.E. Ambassador Lundeg Purevsuren
12 AN INCLUSIVE APPROACH TO TRANSPARENCY AND NOTIFICATION REQUIREMENTS
406.   This delegation thanks the proponents for the useful communication that raised in particular developing and LDC Members' concerns. On the other hand, we re-emphasize that notification is an obligation which is embedded in the WTO Agreement. All Members made a commitment to comply with that obligation when they became Members. 407.   In addition, the same subject has been discussed at the WTO General Council. This subject includes several issues which do not fall within the ambit of the TRIPS Agreement. This delegation believes the WTO General Council is the more appropriate forum for holding discussions on this subject. 408.   As Japan stated in agenda item 10, Japan understands that incentives to enable technology to be transferred include a variety of measures such as financial support and business environment support, because one of the main obstacles for enterprises and institutions in developed countries to transfer technologies to LDCs is the lack or insufficiency of the business environment in LDCs. Furthermore, improving the business environment helps create incentives that are stable and selfsustainable, which is especially important considering that technology transfer often takes time. 409.   This delegation would like to point out that Ministerial Declaration paragraph 39 adopted on 18 December 2005 just confirmed to address the issue related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity. Therefore, we have recognized that there was nothing committed to impose a disclosure requirement on patent applicants in that conference.
62.   The Chair indicated that this item had been put on the agenda at the request of the African Group, Cuba, India and Oman. These delegations had also submitted a communication on this topic, which had been circulated in document JOB/IP/33/Rev.2, in order to allow Members to prepare for the discussion. He invited the co-sponsors to introduce their communication.
63.   The representatives of South Africa, India, the European Union; China; Brazil; and Japan took the floor.
64.   The Council took note of the statements made.
IP/C/M/93, IP/C/M/93/Add.1