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

Ambassador Karen Tan (Singapore)
Angola en nombre de Países menos adelantados
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
20. The representative of Angola, speaking on behalf of the LDC Group, said that the review of Article 27.3(b) had a link to the mandate given in the Doha Ministerial Declaration, which instructed the Council, in pursuing its work programme including under the review of Article 27.3(b), the review of the implementation of the TRIPS Agreement under Article 71.1 and the work foreseen pursuant to paragraph 12 of the Declaration, to examine, inter alia, the relationship between the TRIPS Agreement and the CBD, the protection of traditional knowledge and folklore. The LDC Group maintained that the review of Article 27.3(b) should clarify that plants and animals as well as micro-organisms and other living organisms and their parts should not be patented and that natural processes, products, plants and living organisms should not be patented either. He said that it was equally important to maintain the flexibility on the protection of plant varieties based on individual country systems and needs, which would contribute to improving the food security of indigenous peoples, to ensuring the protection of their inventions and to access. 21. As regards the relationship between the TRIPS Agreement and the CBD , the LDC Group welcomed the informal consultations undertaken by the Director-General. He said that biodiversity was an important source of livelihood for populations living in rural areas in most LDCs. Benefit arising from the use of such resources and traditional knowledge by multinational companies could barely be shared with local communities, which was a matter of concern to the LDC Group. A corrective solution could only be achieved by inserting a mandatory disclosure requirement in the TRIPS Agreement. He said that it was equally important to ensure that patent applicants demonstrated evidence of prior informed consent from the competent authorities in the country of origin of genetic resources and agreement on the sharing of benefit arising from the appropriation of such resources and traditional knowledge.
IP/C/M/62