169. The Government of Zimbabwe reiterates its previous information provided on this agenda item. As a signatory to the Convention on Biodiversity, Zimbabwe attaches great importance to its international obligations under the CBD. We join other delegations in calling for the harmonisation of the TRIPS Agreement to the CBD as we are of the view that the TRIPS Agreement does not prevent a person from claiming patent rights on an invention based on a genetic resource or traditional knowledge.
170. Recalling Paragraph 19 of the Doha Ministerial Declaration of 2001, and reiterating that Section 33 of the Constitution of Zimbabwe inculcates a right to culture for our people, it states, "The State must take measures to preserve, protect and promote indigenous knowledge systems, including knowledge of the medicinal and other properties of animal and plant life possessed by local communities and people."
171. The TRIPS Agreement is indifferent to acts of biopiracy and obligations under the CBD in respect of prior informed consent and benefit sharing for accessing biological resources. Furthermore, the TRIPS Agreement does not require patent applicants to disclose origin of GR and TK used in a claimed invention.
172. It is therefore our considered declaration that the TRIPS Agreement be amended to introduce for a mandatory disclosure requirement of the country or source of origin of GR or associated TK. The argument that this issue should be dealt with in another organisation, being the World Intellectual Property Organisation (WIPO) is redundant as none of the WIPO treaties and discussions deal with trade-related aspects of intellectual property.
173. The delegation of Zimbabwe has noted that WIPO has recently published a study entitled, "Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions." We propose that this Council consider inviting WIPO to brief Members on its findings as this and other studies by the Organisation could benefit us immensely in our discussions.