Ms Irene Young (Hong Kong, China)

Brasil

4; 5; 6 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

31. 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. At the last session of the TRIPS Council, our delegation referred to two examples of patent applications containing genetic resources from the Amazonia region. A mandatory multilateral disclosure requirement would enable a clear assessment of whether those patents complied with the legal requirements in the country of origin. 32. 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. It would create no obligation for the patent examiner to conduct a thorough review of the document provided by the applicant. 33. 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. 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. 34. 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. 35. As a means forward, we would like to support the suggestion by India regarding a briefing by the CBD Secretariat in order to illustrate recent developments at the CBD level. We also support the updating of the Secretariat's report on the matter.

TN/C/W/59

The Council took note of the statements made and agreed to revert to the matters at its next meeting.

16. The Chairperson recalled that, at the meeting of the Council for TRIPS that had taken place in March 2017, Members had remained divided both on the substantive and procedural issues. Therefore, no progress had been made. She encouraged Members to consider how to make progress on these issues, rather than repeat well-known positions. Members were invited to report on their bilateral discussions, since the last meeting.

17. The representatives of India; South Africa; Brazil; Ecuador⁷; the Plurinational State of Bolivia; Indonesia; Egypt; China; the United States; Japan; Canada; Australia; Switzerland; and the Republic of Korea took the floor.

18. The Council took note of the statements made and agreed to revert to the matters at its next meeting.

19. The Chairperson recalled that the review of Article 27.3 (b) was an integral part of the TRIPS Agreement. However, information on important developments that many WTO Members had seen in this area over the last decade had not been provided to the Council. Since 2003, there had been no responses or updates to the Illustrative List of Questions on Article 27.3(b), and no notifications of domestic mechanisms to protect genetic resources and traditional knowledge. Members were encouraged to check whether they had information that ought to be shared in the WTO, and to submit notifications in a timely manner.

IP/C/M/86, IP/C/M/86/Add.1