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

Ambassador Karen Tan (Singapore)
C; D; E 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
51. The representative of Australia rejected the artificial parallelism between the three TRIPS issues and reiterated that these issues should be dealt with separately and on their own merits. He said that Australia shared the common objectives on the TRIPS/CBD issue, including the objectives of facilitating access to genetic resources with prior informed consent and on mutually agreed terms, equitable sharing of the benefits arising from the utilization of genetic resources, and respecting and preserving traditional knowledge. Nevertheless, there was little evident agreement on the best mechanism to achieve these objectives and on the appropriate forum to conduct discussions. There was disagreement on the adequacy, sufficiency and necessity of the patent disclosure requirement. 52. Australia's national experience had indicated that effective regimes for prior informed consent and access and benefit sharing could be implemented outside the patent system, such as legislation on permission and contracts. He said that the Australian Government had renewed its commitment to looking into indigenous policy both domestically and internationally, which was reflected in the Government's decision to support the UN Declaration on the rights of indigenous people. He said that his delegation had fully supported continuing fact-based discussions concerning the best mechanisms for achieving the shared objectives in various forums and had participated constructively in the Director-General's consultations without prejudice to the discussions on the patent disclosure requirement. He said that there was lack of detailed discussion on the impact of a mandatory disclosure requirement on the patent system and the scope of the proposed disclosure requirement. Therefore, there was need for detailed technical consideration of all options in appropriate forums.
IP/C/M/60