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

Ambassador Dacio Castillo (Honduras)
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
76. The representative of South Africa said that paragraph 19 of the Doha Declaration instructed the TRIPS Council to pursue its work programme under Article 27.3(b), Article 71.1 and paragraph 12 of the Ministerial Declaration to examine, inter alia, the relationship with the CBD and protection of traditional knowledge. The debate regarding the relationship between TRIPS and the CBD had been on the Council's agenda for some time without any tangible results. A large group of developing country Members had proposed an amendment to the Agreement to introduce a mandatory disclosure requirement in patent applications, and had sought clear guidance on that matter as part of the modalities decision. The basis of the amendment, which required access and benefit sharing, prior informed consent and disclosure of the source of material when applying for a patent, was contained in document TN/C/W/59. 77. Traditional knowledge played a key role in the preservation and sustainability of biodiversity. South Africa was a mega-diverse country, and as such formed part of a select group of countries whose many activities based on traditional knowledge had become an important source of income, food and healthcare for many indigenous and local communities. Its growing vulnerability had increased the demand for its protection, creating a sense of urgency for most governments, especially in developing countries, to develop legal frameworks that would effectively preserve and protect traditional knowledge. Most countries had identified IP laws as the ideal system capable of affording the necessary protection. A multilateral system of disclosure would be the most efficient way to afford such protection. It was therefore the plea of South Africa that the relationship between TRIPS and the CBD should be crystalized by moving swiftly to text-based negotiations. He joined other Members in calling on the Council to invite the CBD Secretariat to update the Council on the developments in respect of the Nagoya Protocol and other developments.
IP/C/M/70