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

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

104.   We would like to recall previous information provided on these agenda 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 examine the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) and the protection of traditional knowledge and folklore. These are important mandated issues which remain an integral part of the Doha Round single undertaking. Biopiracy remains a pervasive problem and the absence of a multilateral solution, as applicable under the TRIPS Agreement, national disclosure requirements will remain inadequate. Discussions in this forum and those under the auspices of the IGC and the WIPO are complimentary and not mutually exclusive. 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. 105.   Finally, we wish to raise once more the issue of the update of the three technical notes contained in documents IP/C/W/368/Rev.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. We would like to associate with the statement delivered by the African Group.

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