H.E. Ambassador Xolelwa Mlumbi-Peter (South Africa)

China

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

90.   China's position on this issue has not been changed. China hopes that Members can constructively involve in this discussion. 91.   Regarding the procedure issue, we would like to thank the WIPO Secretariat for the presentation in last October's meeting. We still support inviting the CBD Secretariat to brief on the Nagoya Protocol. We also wish that the Secretariat could renew the three factual notes. 92.   Regarding the substantial issue, China supports amending the TRIPS Agreement to ensure the mutual support between the TRIPS Agreement and the CBD and its Nagoya Protocol. We believe that adding disclosure requirement of genetic resources to the process of patent application will help to prevent misappropriation of genetic resources and granting erroneous patents. In addition, setting up a reasonable system for prior informed consent and benefit sharing could ensure better protection for genetic resources. Benefit sharing solely based on contractual terms is not sufficient.

The Council took note of the statements made and agreed to request the incoming chair to hold consultations to resolve the outstanding procedural issues.

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