54. The representative of Canada said that the relationship between the TRIPS Agreement and the Convention on Biological Diversity, as well as the protection of traditional knowledge and folklore, were of clear importance to his delegation. His delegation believed that Members' renewed commitment to paragraphs 12 and 19 of the Doha Declaration in the July 2004 Framework Agreement, as well as recent discussions in WIPO's Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC), demonstrated that other WTO Members also shared that view. The importance of preventing misappropriation in the collection and/or use of genetic resources and traditional knowledge was widely recognized and his delegation supported finding a way forward. He said that the complex nature of the issues could benefit from a more structured discussion in TRIPS Council, provided that it did not lead to a duplication of demands on Members' resources. Purposeful discussions in TRIPS Council on the issues should not supplant the useful, substantive work that was already ongoing at the WIPO's IGC. Rather, the technical work done in the WIPO committee could continue to inform the discussion at the WTO.
55. On the specific matter of patent disclosure, he said that the number of proposals already on the table underscored that the concern about misappropriation and "bio-piracy" was widespread amongst both developing and developed countries as the issue was of importance to the many providers and users of genetic resources and traditional knowledge. He noted that the approaches suggested in each of the proposals were quite distinct and that each proposal had some merit and each raised some concerns. It was the view of his delegation that one way of advancing understanding at the present stage, and moving beyond the political deadlock, would be for the TRIPS Council to undertake an in-depth, "diagnostic" examination based on the various disclosure proposals put forward. That is, an examination of how the mandatory, voluntary and contract approaches, as well as any other proposals that would be submitted in the future, could have addressed the high-profile, real-world complaints about so-called "bad patents" on, for example, neem, turmeric and basmati rice. He said that it would be helpful if the Members advocating each proposal submitted facts and evidence indicating how their respective proposals on patent disclosure would have addressed or remedied those real world situations if their proposals had been in place at the time. In addition to providing Members with a useful basis for comparing the effectiveness of those proposals, his delegation considered that such a diagnostic analysis would provide the TRIPS Council with valuable, fact-based insights into how best to respond to common concerns about misappropriation and "bio-piracy".
56. His delegation was currently undertaking a domestic review in the area. He pointed out that, at the international level, WIPO continued to work on examining the interrelation between access to genetic resources and disclosure requirements in intellectual property rights' applications, including in response to an invitation from the CBD. He said that his delegation hoped to be in a position to submit a paper to WIPO on the issue before the end of the year.
