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
5.20. The representative of Colombia reiterated her delegation's interest in the issue of the misappropriation of components of biological diversity through product or process patents, where access to biological or genetic resources or products derived therefrom and/or traditional knowledge had not been legally obtained on the basis of prior informed consent and terms mutually agreed with the country of origin of the material, as agreed under the CBD. She said that it was necessary to revise IP systems and incorporate mechanisms that would help address the monitoring and follow-up difficulties highlighted by mega-diverse countries dealing with biopiracy, by identifying points of convergence between the rules on IP protection and those relating to the conservation of biological diversity and the use of its components, including genetic resources, so as to ensure that the regime covering access to genetic resources and benefit sharing was consistent with the objectives of both protection systems and that these were thus mutually supportive, pursuant to Article 16.5 of the CBD and Article 4 of the Nagoya Protocol. That in turn would make it possible to address the mandate provided for in paragraph 19 of the Doha Declaration in a constructive manner. 5.21. She highlighted the positive developments made at the February 2013 session of the WIPO IGC, which had been devoted to the issue of genetic resources with special emphasis on disclosure of origin. She hoped that the IGC's work would progress even further and have a positive impact on the work carried out in the Council. Lastly, she reiterated her delegation's interest in inviting the CBD Secretariat to give a presentation on the Nagoya Protocol within the TRIPS Council framework.
IP/C/M/72