5.13. The representative of India said that the inadequacy of the TRIPS Agreement to combat biopiracy and misappropriation of genetic resources and traditional knowledge needed no elaboration. The TRIPS Agreement was inconsistent with IPR-related obligations provided in the CBD, which predated the TRIPS Agreement. That contradiction between the TRIPS Agreement and the CBD was one of the factors leading to an imbalance in the TRIPS Agreement. The geographical spread and the socio-economic profile of the co-sponsors of the disclosure proposal made it clear that a Doha Development outcome could not be complete without satisfactorily addressing that issue of immense importance to a vast majority of WTO Membership. There could be undesirable consequences to the development of biotechnology and similar fields in the absence of internationally acceptable legal regulations. The issue must therefore be dealt with urgency and priority.
5.14. He said that his delegation had closely observed the discussions in the WIPO IGC in February 2013. There had been substantial progress over the consolidated text whereby there was clarity over the positions of different Members on different aspects of the issue. It was unfortunate that despite the acceptance of the fact that there was misappropriation of genetic resources, and free riding, the opponents of the issue would not like to move beyond the cosmetic proposals, such as creation of databases and IT related solutions.
5.15. After a great deal of detailed technical work, the disclosure proposal had been submitted in 2006 in document IP/C/W/474, followed by the submission of document TN/C/W/52 in June 2008 with the support of 108 Members. The latest document TN/C/W/59, entitled "Enhancing mutual supportiveness between the TRIPS Agreement and the CBD", had been submitted by a vast majority of WTO Membership in April 2011. The submission captured the developments in the past including the Nagoya Protocol, which had been signed by 192 countries and contained a significant implementing legislation regarding prior informed consent and access and benefit sharing. He said that the submission could be a good basis for future negotiations to maintain the credibility of the patent system. India remained committed to moving that process forward and expected constructive engagement from other Members.
5.16. He conveyed his sense of disappointment at the lack of progress on the TRIPS-CBD issue despite exhaustive technical work for more than a decade and overwhelming support of WTO Membership. Moreover, the proponents of the disclosure proposal had consistently demonstrated the spirit of compromise and constructive engagement. While most Members agreed that work on all areas on the Doha Work Programme must progress apace, it was ironical that there had been no progress on the TRIPS-CBD issue. He said that an outcome on that issue was an essential element of any development package that emerged from the Round.
