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

Ms Irene Young (Hong Kong, China)
Afrique du Sud
25. This delegation has indicated in past interventions that the TRIPS Council should continue its work progamme on the basis of paragraph 19 of the Doha Ministerial Declaration. In respect of the relationship between the TRIPS Agreement and the CBD and the protection of traditional knowledge, a large group of WTO Members have sought to introduce a mandatory disclosure requirement in patent applications. The best way to ensure the proper use of genetic resources and associated traditional knowledge is through an amendment to the TRIPS Agreement as set out in document TN/C/W/59. The TRIPS-CBD issue remains one of the outstanding implementation issues within the context of the Doha Round. 26. It is a longstanding request that the CBD Secretariat should be allowed to brief the TRIPS Council on developments within the implementation of the CBD, more specifically on the implementation of the Nagoya Protocol, which instrument entered into force on 12 October 2014. One of the emerging issues under the CBD and the Nagoya Protocol relates to the issue of digital sequence information on genetic resources. In December 2016, both the twelfth meeting of the Conference of the Parties to the CBD and the second meeting of the Parties to the Nagoya Protocol addressed the issue of digital sequence information on genetic resources and decided to consider, at their next respective meetings, any potential implications of the use of this information for the objectives of the CBD and the Nagoya Protocol. It would be useful for the CBD Secretariat to brief the TRIPS Council on this is and other implementation issues under the Nagoya Protocol. 27. Furthermore, this delegation joins China in respect of the issue of the update of the three technical notes contained in documents IP/C/W/368/Rev.1, IP/C/W/369/Rev.1 and IP/C/W/370/Rev.1. It would be appropriate for the Secretariat to update the information contained in these notes in a neutral manner to further facilitate discussions among Members.
TN/C/W/59; IP/C/W/368/Rev.1; IP/C/W/369/Rev.1; IP/C/W/370/Rev.1
The Council took note of the statements made and agreed to revert to the matters at its next meeting.
15. The Chairperson said that, as foreshadowed at the Council's meeting in June, she had consulted Members to see if solutions could be found to some procedural issues, which had been discussed at that meeting. While those discussions had helped clarify certain issues, she was still not in a position to report any new development in delegations' positions.

16. Regarding agenda item 3, she noted that the Council had not been provided information on important developments that many WTO Members had seen in this area over the last decade. In particular, there had been no responses or updates, since 2003, to the Illustrative List of Questions on Article 27.3(b) (IP/C/W/122), and only 25 Members had responded at all. Likewise, there had been no notifications of domestic mechanisms to protect genetic resources and traditional knowledge. She encouraged Members to submit responses to the Checklist or update their respective previous responses, and notify any relevant changes in their legislation.

17. The representatives of China; South Africa; Ecuador; Brazil; the Plurinational State of Bolivia; Haiti on behalf of the LDC Group; the United States; Japan; the European Union; Canada; Australia; Switzerland; India; and the Republic of Korea took the floor.

18. The Chairperson encouraged Members to have further discussions to resolve the outstanding issues, and said that she stood ready to assist.

19. The Council took note of the statements made and agreed to revert to the matters at its next meeting.

IP/C/M/87, IP/C/M/87/Add.1