76. The representative of Brazil said that his delegation fully associated with Peru and India. Brazil agreed with the concepts and principles contained in document IP/C/W/470, particularly with the reference to the need for disclosure requirements to ensure a mutually supportive implementation of the TRIPS Agreement and the CBD; the importance of compliance with prior informed consent and benefit sharing with a view to ensuring effective implementation of the CBD; and the idea that disclosure requirements would not constitute a burdensome remedy in any way. He said that the patent applicant would be limited to providing information and evidence known to him, so the administrative and cost burden on him would be minimal and even less burdensome on patent offices. He also agreed on the need for sanctions to prevent misappropriation of genetic resources and traditional knowledge, such as invalidation or revocation of patents or the full or partial transfer of rights to the invention.
77. Responding to document IP/C/W/469, he said that national access and benefit-sharing regimes, contract-based systems or databases related to traditional knowledge and genetic resources were unable to prevent, by themselves, the issuance of erroneous and bad patents as well as the misappropriation of genetic resources and traditional knowledge. It was difficult, particularly for developing countries, to rectify mistakenly granted patents by means of post grant opposition or re-examination practices within the present patent system. The problem of erroneous patents and misappropriation of genetic resources and traditional knowledge needed to be effectively addressed by the inclusion of a disclosure provision in the TRIPS Agreement. He agreed that many inventions based on biological resources were a result of independent discovery, but a great number of inventions were directly derived from previous knowledge of the properties of biological resources held by indigenous communities.
