104. The representative of the Plurinational State of Bolivia said that the adoption of TRIPS Article 27.3(b) gave legal impetus to biopiracy and had harmful effects on the developing countries, in particular the indigenous peoples of Bolivia. That article promoted appropriation and privatization of life forms and their parts. The negative effects could be seen not only in the fields of ethics and indigenous peoples' rights but also in the fields of agriculture, food, climate change and health. There was no other multilateral standard on this subject since the TRIPS Agreement had been adopted. Therefore his delegation would like to seek multilateral solutions.
105. Referring to documents IP/C/W/554 and IP/C/W/555, he said that his delegation could not deal with inventions in the biotechnical field in the same way as in other fields. Inventions could not be an isolation or characterization of biological forms, which was a mercantilist approach without considering humanity. To permit the patentability of life forms or their parts would require a profound analysis and review of the most recent progress made in international law, inter alia, the Declaration of the Rights of Indigenous Peoples adopted in the United Nations in 2007. National legislation as proposed by Bolivia had ethical, moral, and cultural effects and consequences on patents and technology, and access to and use of genetic resources. He reiterated that the Council must review and if necessary, amend Article 27.3(b) of the TRIPS Agreement.
