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

Mr. Martin Glass (Hong Kong, China)
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
64. The representative of Angola, speaking on behalf of the LDC Group said that the Group was particularly interested in ensuring that the outcome of the review of Article 27.3(b) did not constrain LDCs from using the TRIPS Agreement to advance national development interests nor result in situations that would run counter to morality. As indicated in paragraph 19 of the Doha Ministerial Declaration, the discussions on the review of Article 27.3(b) were closely linked to the discussions on the relationship between the TRIPS Agreement and the CBD as well as the protection of traditional knowledge and folklore. 65. He reiterated that the LDC Group's position was that life forms should not be patented and that the review of Article 27.3(b) should clarify the patentability of plants and animals as well as microorganisms and all other living organisms and their parts. Further, natural processes for the production of plants, animals and other living organisms should not be subject to patent protection. Meanwhile, it was important to maintain the flexibility of the sui generis system for the protection of plant varieties. The sui generis system could be developed and implemented by the individual country based on its own needs, which would contribute to improving food security by ensuring that indigenous peoples' inventions were protected and access to seed guaranteed. 66. He thanked the delegation of Japan for its exhaustive presentation on the Nagoya Protocol, which paved the way for negotiations on the TRIPS/CBD issue in the WTO. He appreciated the efforts undertaken by the Director-General Pascal Lamy to conduct parallel informal consultations on the issues of TRIPS/CBD and GI extension. Those consultations were useful in allowing Members to acknowledge existing legal regimes to prevent misappropriation and protect geographical indications. He said that biodiversity was an important resource of the livelihood of populations living in rural areas in most LDCs, yet benefits arising from the appropriation of such resources and the use of traditional knowledge by multinational corporations had barely been shared with the communities concerned. That issue should be addressed through introducing a mandatory disclosure requirement into the TRIPS Agreement. Meanwhile, it was equally important to ensure that patent applicants demonstrated that they had obtained prior informed consent from competent authorities in the country of origin of genetic resources and that arrangements to facilitate the sharing of the benefits arising from the appropriation of such resources and/or traditional knowledge were in place.
IP/C/M/65