Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ambassador Alejandro Jara (Chile)
Bolivie, État plurinational de
J REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b)
125. The representative of Bolivia, speaking on behalf of the Andean Community Members, said that the Members in question wished to reaffirm the need to ensure compatibility of the TRIPS Agreement with the principles and objectives of the CBD, such as the fair and equitable sharing of benefits and prior informed consent. Consequently, it was essential to reiterate the sovereign right of Members to adopt standards which regulated these principles, such as the identification of and legal access to genetic resources and traditional knowledge used in inventions; and the revocation of patents granted without respecting prior informed consent or without a correct access contract. However, providing for such protection at the national or regional level alone was not sufficient for it to be effective vis-à-vis third parties. Hence, it was necessary to extend this protection to the international level and in this connection the TRIPS Council should evaluate the best way of protecting these legitimate rights. He requested the Chairperson to convey these concerns to the Chairperson of the General Council, so that they might be incorporated in the Declaration of the Fourth Ministerial Conference.
IP/C/M/33