79. The representative of the Philippines said that his country had also faced situations which could be characterized as unfair or inequitable exploitation of biological and genetic resources or traditional knowledge. He supported the objective of the proponents in seeking a solution through the disclosure requirement, which could indeed provide the basis for a multilateral solution to the problems associated with biopiracy. The requirement of providing evidence of benefit-sharing was most commercially and economically meaningful in the context of the WTO and the TRIPS Agreement. If the premise of the supposed link between intellectual property rights and trade was accepted, presumably through the importation and utilization by the prospective patent applicant of biological resources and traditional knowledge into his home country and their international marketing, then disciplines requiring evidence of benefit-sharing would potentially offer the most trade-related of the three requirements that the proponents had suggested. National schemes, such as contractual arrangements, had not proven to be adequate in ensuring benefit-sharing. A requirement for patent applicants to disclose evidence of benefit-sharing and prior informed consent could be seen as an alternative to national access and benefit-sharing schemes. However, national benefit-sharing schemes in themselves should be strengthened, in particular to ensure that the internal allocation of benefit-sharing reaches those peoples or parties that were actually the source of the genetic or biological resource or traditional knowledge.
80. He said that the suggested international framework contained in document IP/C/W/442 might be pursued in parallel in various forums to truly attain an effective international protection. He encouraged the proponents to look more closely at the aspect relating to the legal effects of not providing evidence of fair and equitable benefit-sharing under the relevant national regime. The issue of how to enhance the existing mechanisms for benefit-sharing in relation to commercialization outside the patent system should be pursued in order to obtain a fully effective international framework of protection, although this was outside the jurisdiction of the TRIPS Council. It was also critical to look at how adequate compensation could be ensured, particularly where the patent had already been granted.
