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

H.E. Ambassador Xolelwa Mlumbi-Peter
4; 5; 6 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
82.   We take the floor to merely recall our previous statements on these items. As indicated previously, in this discussion we often lose the relative importance of the individual components making up the 'Triplets'. The Doha Ministerial Declaration instructed the TRIPS Council as part of its work programme to review Article 27.3(b) as well as to examine the relationship between the TRIPS Agreement and the Convention on Biological Diversity and the protection of traditional knowledge and folklore. These are legitimate outstanding implementation issues which remain an integral part of the Doha Round single undertaking. 83.   In line with our previous statements, it would be useful for the CBD Secretariat to brief the TRIPS Council on the CBD and other implementation issues under the Nagoya Protocol as well as any new developments. 84.   We wish to raise once more the issue of the update of the three technical notes contained in documents IP/C/W/368/Rve.1, IP/C/W/369/Rev.1 and IP/C/W/370/Rev.1. It would be appropriate for the Secretariat to update the information contained in these notes in a neutral manner to further facilitate discussions among Members.
20. The Chair said that the next three agenda items concerned the Review of the Provisions of Article 27.3(b), the Relationship between the TRIPS Agreement and the Convention on Biological Diversity and the Protection of Traditional Knowledge and Folklore. Following past practice, she proposed that these three items be addressed together.
21. She 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). The "Annual Report on Notifications and other Information Flows" that had been introduced, under agenda item one, illustrated that responses to this checklist had been rather sparse recently. She was pleased to announce that, since the October 2020 meeting, the Council had received responses from the delegation of the Kingdom of Saudi Arabia. She encouraged delegations to submit responses to this Checklist or update their previous responses, as well as notify any relevant changes in legislation. She invited the delegation of Saudi Arabia to introduce their responses.
22. The representative of the Kingdom of Saudi Arabia took the floor.
23. The Chair recalled that two long-standing procedural issues under these items had also been discussed extensively on the record, at every regular meeting of the Council for many years:
a. 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.
24. Members' positions on these issues were well known and already extensively recorded in the Council's minutes. She encouraged delegations to focus on suggesting solutions, when addressing these procedural questions.
25. The representatives of South Africa; India; Chile; Brazil; China; Ecuador; Indonesia; Nigeria; Kenya; Plurinational State of Bolivia; Bangladesh; the United States of America; Japan; Canada; and Australia took the floor.
26. The Chair suggested that the Council ask that the incoming Chair should hold consultations with a view to resolving the outstanding procedural issues.
27. The Council took note of the statements made and agreed to request the incoming chair to hold consultations to resolve the outstanding procedural issues.
IP/C/M/98, IP/C/M/98/Add.1