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

Mr. Martin Glass (Hong Kong, China)
Angola au nom de Pays les moins avancés
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
68. The representative of Angola, speaking on behalf of the LDC Group, said that the LDC Group was particularly interested in ensuring that the outcome of the review of the provision of Article 27.3(b) would not constrain LDCs from using the TRIPS Agreement to advance national development interests nor result in situations that would go counter to morality. As highlighted in paragraph 19 of the Doha Ministerial Declaration, the review of Article 27.3(b) was closely linked to the TRIPS/CBD issue, as well as the issue of protection of traditional knowledge and folklore. The LDC Group appreciated the efforts undertaken by the Director General to conduct parallel informal consultations on the issues of TRIPS/CBD and GI extension. The review process should clarify Article 27.3(b) so that plants and animals as well as micro organisms and all other living organisms and their parts should not be patented, and processes that produced plants, animals and other living organisms should not be subject to patent protection either. He highlighted the importance of retaining the flexibility on the form of sui generis systems to be developed and implemented by countries in protecting plant varieties based on individual country systems and needs, which would contribute to improving food security situation of indigenous peoples by ensuring that their inventions were protected and access to seed was guaranteed. 69. He said that the LDC Group welcomed the informal consultations conducted by the Director General. Biodiversity was an important source of livelihood for populations living in rural areas in most LDCs, yet benefits arising from the appropriation of such resource and the use of their traditional knowledge by multinational corporations had barely been shared with the communities concerned. This was a matter of concern to the LDCs requiring corrective action through a mandatory requirement of disclosure of country of origin of the genetic resources and the associated traditional knowledge used in the invention. Meanwhile, it was equally important to ensure that patent applicants demonstrated that they had obtained prior informed consent from competent authorities in the country of origin of the genetic resources and that arrangements to facilitate the sharing of benefits arising from the appropriation of such resources and traditional knowledge were in place.
IP/C/M/63