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

H.E. Ambassador Dagfinn Sørli and Ambassador Dr. Lansana Gberie

98.   The relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) is an important issue in the TRIPS Council, to which China has attached great importance. For the past years, Members have conducted fruitful discussions on this important topic. We look forward to the early reinvigoration of this topic at the TRIPS Council. Regarding the procedure issue, we support the TRIPS Council inviting the CBD Secretariat to brief on the Nagoya Protocol and its progress. We hope the Secretariat could renew the three factual notes. In recent years, although WIPO IGC has37 conducted a lot of discussions and negotiations on the protection of genetic resources and traditional knowledge, achieving certain results, China believes that WIPO IGC discussions and negotiations on the above mentioned issues do not contradict with Members' discussion in the WTO.

The Council took note of the statements made and agreed to request the incoming Chair to hold consultations on this matter
22. 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.
23. The Chair 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) of the TRIPS Agreement. The "Annual Report on Notifications and other Information Flows" that had been introduced by the Secretariat earlier illustrated that responses had been rather sparse recently. So far, only 28 Members had responded to the list of questions on Article 27.3(b), with the Kingdom of Saudi Arabia being the most recent Member to submit responses. He invited delegations to take a look at Table A.9 of the Annual Report, which provided a Member-by-Member overview of Members' submissions in this area, and to determine whether were yet to submit initial responses, or whether earlier responses needed updating. He noted that the e-TRIPS Submission System provided an easy and convenient online tool for drafting and submitting responses.
24. 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. 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.
25. Following suggestions made in small-group consultations held with delegations on 4 and 8 March, the Chair said he did not detect any movement in delegations' views in this regard. Considering that Members' positions on these issues were well known and already extensively recorded in the Council's minutes, he encouraged delegations to focus on solutions when addressing these procedural questions. To resolve the outstanding procedural issues mentioned by a number of delegations, the Chair suggested that the Council ask the incoming Chair to hold consultations on this matter.
26. The representatives of India; China; Bangladesh; Nigeria; Indonesia; Brazil; Tanzania,; South Africa; Japan; the United States; Canada; Chile and Australia took the floor.
27. The Council took note of the statements made and agreed to request the incoming Chair to hold consultations on this matter.
IP/C/M/104/Add.1, IP/C/M/104/Rev.1, IP/C/M104

37 WIPO Intergovernmental Committee on Traditional Knowledge, Traditional Cultural Expressions, and Genetic Resources (IGC).