49. The representative of Ecuador said that the delegation of Peru had, in its presentation of document IP/C/W/441, explained clearly the difficulties faced due to the lack of international rules and provided elements on the importance of protecting genetic resources and traditional knowledge. There was a need to amend the TRIPS Agreement to include the disclosure of origin and source in the requirements for patentability. He said that document IP/C/W/442, presented by Brazil and co-sponsored by his delegation, put forward concepts to demonstrate the validity of the arguments on the relationship between the TRIPS Agreement and the CBD. His delegation had always expressed their position in favour of the obligation to disclose the source and origin of genetic resources. He said that it was important to take into account the arguments that had been presented in document IP/C/W/443. The issues presented in this document did not burden the intellectual property system and responded to the need for a balance in the TRIPS Agreement. Instead of creating uncertainty or undermining the international patent system, the incorporation of the disclosure requirement would enhance legal certainty and predictability and strengthen the legitimacy of the patent grant. It was important to agree on this minimum set of international rules to strengthen the intellectual property system.
