Brazil

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

64.   I shall be brief, as these are longstanding agenda items. I just wanted to reiterate that Brazil's position with regard to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) remains unchanged. 65.   Our concerns and views on this topic have been thoroughly and repeatedly expressed in past TRIPS Council meetings. I therefore refer to my delegation's past statements on this issue and renew the call for a more in-depth analysis of how the TRIPS Agreement could better support the functioning of the CBD.

23. 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, he proposed that these three items be addressed together.
24. He recalled that one tool for the review under agenda 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. So far, only 28 Members had responded to the list of questions on Article 27.3(b), with Saudi Arabia being the most recent Members to submit responses. He encouraged delegations to submit responses to this Checklist or update their previous responses, as well as notify any relevant changes in legislation. He invited the delegation of Saudi Arabia to introduce their responses.
25. 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.
26. Members' positions on these issues were well known and already extensively recorded in the Council's minutes. He encouraged delegations to focus on suggesting solutions, when addressing these procedural questions.
27. The representatives of Tanzania, on behalf of the African Group; Bangladesh; South Africa; China; the United States; Nigeria; Indonesia; Brazil; Egypt; Chile; and India took the floor.
28. The Council took note of the statements made and agreed to hold consultations to resolve the outstanding procedural issues.