43. Brazil has a well-known position regarding the promotion of mutual support between TRIPS and the CBD. In our view, the best way to ensure the proper use of genetic resources and associated traditional knowledge is through an amendment to the TRIPS Agreement as set out in document TN/C/W/59. The amendment will introduce a mandatory requirement for the disclosure of the origin of these resources in patent applications. This would create a multilateral and efficient mechanism to combat misappropriation, a concern that remains, especially in developing countries.
44. The issue this amendment intends to address remains very much alive. A recent academic study shows that patent applications related to "bauhinia." were filed in several countries. Bauhinia is a plant found in Brazil and other countries in the Amazon region. Its tea is used by indigenous and local communities to treat diabetes. This example with other, older cases, such as that of turmeric in India and the Phyllomedusa bicolor toad, whose venom has analgesic effects.
45. A mandatory multilateral disclosure requirement would enable a clear assessment of whether those patents related to the bauhinia complied with the legal requirements in the country of origin. It would also contribute to enhancing transparency about the utilization of genetic resources and associated traditional knowledge, dispelling questions regarding the misappropriation of valuable national resources.
46. The disclosure requirement as provided in document TN/C/W/59 will not be burdensome for industrial property offices, since they will be simple "check points" in the new system. To illustrate it, the Brazilian Biodiversity Law, which entered into force in 2016, attributes to the Council for Management of Genetic Heritage the task of authorizing access to genetic resources and associated traditional knowledge. The Council is composed of representatives from the government, industry, academia, indigenous peoples and local communities.
47. The National Institute of Industrial Property merely requires from patent applicants, when applicable, the document from the Council that authorized access to genetic resources and associated traditional knowledge. This allows INPI to focus on its core activities of substantive examination of patent applications. It creates no obligation for the patent examiner to conduct a thorough review of the document provided by the applicant.
48. A mandatory disclosure requirement will meet the objectives of the CBD and the intellectual property system by providing appropriate incentives and rewards for traditional knowledge holders, in recognition of their contribution to society. For these reasons, Brazil joined China, Colombia, Ecuador, India, Indonesia, Peru, Thailand, the ACP Group, and the African Group in supporting the amendment of the TRIPS Agreement with the introduction of a mandatory requirement for the disclosure of origin of genetic resources and traditional knowledge in patent applications.