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

Ms Irene Young (Hong Kong, China)
3; 4; 5 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
102. Australia considers the WIPO IGC is the best place to address the complex intellectual property issues relating to genetic resources and associated traditional knowledge. We are pleased that the WIPO IGC will continue its mandate and work to progress these important issues over 2018 and 2019. As we have said at previous TRIPS Council sessions, Australia considers the TRIPS Agreement and the Convention on Biological Diversity are consistent. Australia fully implements our obligations under both agreements which we view as mutually supportive. 103. In relation to procedural matters, Australia continues to be open to a briefing by the CBD Secretariat on the Nagoya Protocol and can be flexible in relation to the Secretariat updating the three factual notes.
The Council took note of the statements made and agreed to revert to the matters at its next meeting.
14. The Chairperson said that, as she had already noted during the previous two meetings, Members had seen important developments in this area over the last decade, but had not shared those developments with the TRIPS Council. Particularly, there had been no responses or updates, since 2003, to the Illustrative List of Questions on Article 27.3(b) (IP/C/W/122), and only 25 Members had responded at all. Likewise, there had been no notifications of domestic mechanisms to protect genetic resources and traditional knowledge. She encouraged Members to submit responses to this Checklist or update their previous responses; as well as notify any relevant changes in their legislation.

15. The representatives of Ecuador; India; Brazil; China; the Plurinational State of Bolivia; South Africa; Canada; Bangladesh; Cuba; Chile; Indonesia; Haiti, on behalf of the LDC Group; the United States; Japan; Switzerland; and Australia took the floor.

16. The Chairperson encouraged Members to have further discussions to resolve the outstanding procedural issues.

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

IP/C/M/88, IP/C/M/88/Add.1