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

Ms Irene Young (Hong Kong, China)
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
68. Let me share with you my observations. First of all, I am very pleased to know that two delegations are having bilateral meetings tomorrow afternoon on one of the outstanding issues. I hope that will be a fruitful meeting. If delegations wish to involve me in the bilateral consultations, I am always available. And I will also, as I said, reach out to some of you to see whether we can find a solution to some of the outstanding issues. My second observation is that unfortunately I think today we cannot agree on the request to update the three factual notes prepared by the Secretariat on previous discussions, or for a CBD briefing to be held at a formal Council meeting. I have heard one delegation suggesting that maybe we should consider a CBD briefing in whatever mode that is acceptable to Members. And in that connection I recall that, in the last formal meeting of this Council, we have also heard one delegation suggesting that maybe the CBD briefing could be organized when the Council meets in an informal mode, for example, as a back-to-back session before our next formal meeting. I just want to know if Members would like to react to these suggestions.
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