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

Ambassador Dacio Castillo (Honduras)
3; 4; 5 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
5.17. The representative of Tanzania said that, as a Member of the LDC Group, Tanzania recognized the objectives of the TRIPS Agreement and the CBD, and the need and value of advancing the negotiations on the TRIPS-CBD issue. She said that the incorporation of mandatory disclosure requirements in patent applications was necessary for fair and equitable sharing of the benefits arising from the utilization of genetic resources and associated traditional knowledge towards a county's development. She supported the proposal contained in document TN/C/W/59 to amend the TRIPS Agreement in the form of a new Article 29bis. She said that the disclosure requirement would not constitute a substantive requirement for patentability. In accordance with the TRIPS Agreement, patents shall be available for all inventions that are new, involve an inventive step and are capable of industrial application. The question that Members needed to deliberate upon was the consequence of the failure to comply with the disclosure requirement in line with the proposal contained in document TN/C/W/59. She said that the TRIPS-CBD issue should continue to be discussed until the new mechanism was agreed upon by Members. Tanzania remained committed to moving that matter forward.
IP/C/M/72