64. The representative of Peru supported the statements made by Indonesia, Brazil and China on the three agenda items and the proposal to invite the CBD Secretariat. The international IP system as established in the TRIPS Agreement needed to be improved so as to ensure a fair and balanced regime for the protection of folklore and traditional knowledge and to avoid misappropriation and biopiracy. Since 2003, Peru, together with other WTO Members, had submitted 11 relevant working documents in the Council. Peru had also submitted four documents, which analyzed biopiracy cases and provided legal and practical arguments on the need for disclosure requirements in the patent system. The IP system could be adapted to the provisions of the CBD and the Nagoya Protocol through the amendment of the TRIPS Agreement. The disclosure requirements made it possible to identify the country of origin and to ensure that prior informed consent and benefit sharing were respected. In that context, a large number of WTO Members had submitted document TN/C/W/59, which proposed to include Article 29bis into the TRIPS Agreement with a view to establishing disclosure requirements. The proposal would not hamper the access to or use of genetic resources, but would protect genetic resources against biopiracy and ensuring their sustainable use. Unfortunately, the proposal had not been examined and discussed in the context of the Doha Round. He said that a successful conclusion of the negotiations in the WTO should include results in that area, and the interests of the developing countries should be reflected in the outcomes, in particular when it came to the protection of genetic resources, folklore and traditional knowledge. Only a solution that dealt with the problem of biopiracy would enable Members to establish a proper balance in the patent system and the IP system in general for the benefit of all, particularly the indigenous peoples of the developing countries.
