Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ambassador Choi Hyuck (Korea)
Afrique du Sud
C; D; E REVIEW OF THE PROVISIONS OF ARTICLE 27.3(B); RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY; PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
81. The representative of South Africa said that his delegation had experience with the US revocation system in the context of the revocation of a wrongfully registered trademark, namely "Rooibos". The procedure had been so expensive that producers in South Africa had almost been prepared to give up. The South African Government had been unable to assist them. Eventually, they were assisted by one of the provincial governments and the trademark had been successfully expunged. He therefore supported India's point that the revocation system was not cost-efficient for developing countries. 82. He further said that despite the fact that his delegation had not been active in the TRIPS Council, other national departments had been quite active in this area. South Africa had adopted a policy on traditional knowledge, which called for the implementation of the CBD through the Biodiversity Act. As the Act was sufficient to prevent biopiracy, the policy also called for the amendment of the Patent Act to introduce the disclosure requirements. He said that in order to prevent biopiracy from taking place, the disclosure requirements should be included in a multilateral agreement, and therefore his delegation supported an amendment to the TRIPS Agreement.
IP/C/M/50