82. The representative of Canada said that his delegation could not agree to negotiate an amendment to the TRIPS Agreement to establish stronger protection for genetic resources and/or associated traditional knowledge, including imposing a mandatory disclosure requirement for patent applications involving genetic resources and/or associated traditional knowledge. Canada was committed to work to secure compliance with legislative and regulatory obligations under national access and benefit-sharing policies for obtaining prior informed consent and negotiating mutually agreed terms for access to genetic resources, as well as traditional knowledge associated with genetic resources. Canada was also committed to work to avoid the grant of erroneous patents and to ensure that patent offices have at their disposal the appropriate information required to make proper decisions on patent grant. She encouraged Members to consider other non-patent-based mechanisms to protect biodiversity and prevent misappropriation of genetic resources, such as developing broader, more globally accessible and functional prior art databases, e.g. India's TKDL, using mutually agreed terms in material transfer agreements, licensing, codes of conduct and contracts between users and providers. She said that the TRIPS Agreement and the CBD were mutually supportive and therefore there was no need to amend the TRIPS Agreement.
83. Canada continued to believe that WIPO remained the best forum for technical discussions of IP-related aspects of the protection of genetic resources, traditional knowledge and traditional cultural expressions. The IGC had been given a clear, renewed mandate to undertake text-based negotiations to reach an agreement on the text of one or more international instruments to ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions. At the 20th session of the IGC, participants had prepared a consolidated document dedicated to genetic resources. Canada welcomed the progress made, notably that - in the spirit of the renewed mandate that called for accelerated work - members had a consolidated and structured text on genetic resources that was similar to the texts on traditional knowledge and traditional cultural expressions. While that text represented work in progress and was without prejudice to the positions of the participants, she was confident that the consolidated text would provide a sound basis for future work. Canada looked forward to participating in future IGC sessions.
84. She said that the review of Article 27.3(b) was meant to focus on Members' implementation issues rather than on revising the content of that article. Flexibility should be maintained in Article 27.3(b) to allow Members to implement it domestically as appropriate.
