64. The representative of Norway said that Norway was in the process of reviewing its policy and hoped to promote the objectives of the CBD through the international patent system. Her delegation saw nothing in the TRIPS Agreement that prevented a Member from requiring patent applicants to disclose the source or origin of biological materials. For reasons of transparency, a provision that required or enabled Members to oblige a patent applicant to provide such information could be considered as it would enhance the support of the provisions of the CBD, particularly on equitable sharing of benefits and prior informed consent.
65. She recalled that Norway had amended its patent act in order to take into account the provisions of the CBD. Under the new provisions, patent applications concerning biological material should include information regarding the country of origin of the material. Also, should the national legislation of the providing country so require, information about whether prior informed consent had been given, should be submitted. These provisions did not apply to international patent applications. The duty to provide information was without prejudice to the processing of the patent applications. Nevertheless, a failure to provide correct information was liable to a penalty, under the general civil penal code. Her delegation viewed positively the recent proposal made by the European Communities to the WIPO. The interface between intellectual property rights and biological diversity was being discussed in a number of international fora. In addition to the discussion in the TRIPS Council, her delegation continued to consider the discussions at the WIPO to be important.
