39. The representative of Brazil said that his delegation's position on the TRIPS-CBD issue was well-known. He supported the amendment of the TRIPS Agreement so as to introduce a mandatory disclosure requirement of the origin of genetic resources in patent applications. The fact that the talks under the Doha Development Agenda seemed to be making little progress did not mean that Members had forgotten the importance they had attached to addressing properly misappropriation of genetic resources and traditional knowledge. A disclosure requirement would allow mega-biodiverse developing countries to benefit from their own genetic resources and associated traditional knowledge. He said that the co-sponsors of document TN/C/W/52 were organizing a round table seminar on 7 November 2012.
40. At the WIPO General Assemblies of 2012, WIPO member States had decided to update the work programme of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) and that three sessions of the IGC would be held in 2013 in order to make progress on the working texts for an international legal instrument or instruments to ensure protection of genetic resources, traditional knowledge and traditional cultural expressions. The last session would include three additional working days in order to review, take stock and make recommendations to the next General Assembly. Brazil favoured the adoption of a legally binding instrument or instruments as the outcome of the negotiations in the IGC. The international IP framework in the field of patents, trademarks and copyrights gave right holders a high level of protection and genetic resources, traditional knowledge and traditional cultural expressions should enjoy the same level of protection under appropriate international instruments. An international instrument or instruments in that matter should cover essentially two objectives: to make the IP system supportive of international provisions on access and benefit sharing, consolidating it as a checkpoint of compliance with access and benefit-sharing requirements under the Nagoya Protocol, and to ensure that patent examination took due account of prior art and that the requirements of novelty and inventiveness were duly taken into account and therefore erroneous patents would be prevented from being granted. That subject had been discussed for more than a decade. Brazil welcomed the decision of the General Assemblies that it was now time to effectively make progress in the negotiations.
