Actas - Consejo de los ADPIC - Ver detalles de la intervención/declaración

Mr. Tony Miller (Hong Kong, China)
D; E; F 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 FOLKLORE1
71. The representative of Chinese Taipei said that her delegation appreciated the constructive suggestions made so far on the review of the provisions of Article 27.3 (b) and said that, even though there were differences in approach, the concepts were helpful and could be developed further when Members reflected on the possible mechanism to implement such concepts. Regarding document IP/C/W/429/Rev.1 she sought clarification of the criterion of "insufficient, wrongful or no disclosure" where legal effects were proposed in paragraph 12 of the document. She questioned how the examiner would evaluate whether or not the requirement had been met where the applicant had not provided any information on the disclosure of source and/or country of origin of biological resources. She noted that a number of Members already required such disclosure and expressed the need for sharing of experiences in this regard. Finally, she noted the Swiss proposal to amend the regulations of the Patent Cooperation Treaty (PCT) of WIPO and pointed out that not all WTO Members were Contracting Parties in WIPO and questioned how such WTO Members would implement an agreement or decision concluded in WIPO.
IP/C/M/46