H.E. Ambassador Lundeg Purevsuren

Indonesia

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

73.   We would like to reiterate our position that we support the negotiation which incorporates the key provision of the CBD related to the disclosure requirement, fair and equitable benefit sharing, and prior informed consent principle into the TRIPS Agreement. We consider that the inclusion of a mandatory disclosure requirement as a requirement in patent applications will contribute to prevent the misappropriation of genetic resources and associated traditional knowledge as well as to improve transparency of the utilization of genetic resources and associated traditional knowledge. In addition, the presence of disclosure requirements on the TRIPS Agreement would encourage Members to create databases to promote the principle of transparency and efficacy of the provisions related with genetic resources and associated traditional knowledge. 74.   Indonesia underlines that genetic resources and associated traditional knowledge should be utilized in an appropriate manner that ensures the fair and equitable benefit sharing through mutually agreed terms in accordance with the objectives of the UN-CBD and Nagoya Protocol. In our view, fair and equitable benefit sharing can only be achieved through the inclusion of mandatory disclosure requirement into the IP regime.

The Council took note of the statements made and agreed to revert to the matters at its next meeting.

11.   The Chair proposed that, following past practice, agenda items 3, 4 and 5 be addressed together. He recalled that one tool for the review under item 3 was the information provided by Members in response to a list of questions on Article 27.3(b). Last year the Council had received the responses by Ukraine and Mexico. These had been the first responses after 15 years. He encouraged delegations to submit responses to this Checklist or update their previous responses; as well as notify any relevant changes in legislation.
12.   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 several 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.
13.   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.
14.   The representatives of Brazil; India; Bangladesh; Nigeria; China; Indonesia; Kenya; South Africa; Ukraine; the United States of America; Switzerland; Japan; Canada; and Plurinational State of Bolivia took the floor.
15.   The Council took note of the statements made and agreed to revert to the matters at its next meeting.

IP/C/M/94, IP/C/M/94/Add.1