48. Brazil has a well-known position on the importance of promoting the neutral support between the TRIPS Agreement and the Convention on Biological Diversity (CBD), which is contained in document TN/C/W/59.
49. Today, I would like to address recent developments elsewhere to show that the topic is ever more important. At the Food and Agriculture Organization, a Workshop on Access on Benefit-sharing for Genetic Resources for Food and Agriculture was held last January, in Rome. The event, organized by the Commission on Genetic Resources for Food and Agriculture, was useful to identify gaps in knowledge regarding the use of genetic resources for food and agriculture. Members also shared their experiences on the regulation of access and benefit-sharing requirements under their national legislation.
50. At the United Nations level, there are ongoing discussions regarding the development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The debates at the UNCLOS include benefit-sharing of marine genetic resources. This shows a continuous interest of the international community in developing solutions that enable the fair and equitable sharing of benefits arising from the utilization of genetic resources.
51. Members would greatly benefit from an update of the 2003 factual note, as proposed by Ecuador. This update does not prejudge positions of delegations, as those documents are restricted to facts. We urge delegations to show a constructive spirit in order to have a sustainable discussion on a topic that is ever more important.
52. We hope to see the necessary measures to prevent biopiracy reflected in the TRIPS Agreement. Enhancing the transparency and utilization of genetic resources and associated traditional knowledge through the introduction of a mandatory requirement of the disclosure of the origin in patent applications will reinforce the view that IP rules can work for the benefit of all countries and stakeholders.
53. In spite of national efforts, biopiracy and misappropriation of traditional knowledge and traditional cultural expressions continue to occur. An amendment of the TRIPS Agreement would ensure cooperation between countries, reduce uncertainty for stakeholders and curb illegal activities related to the matter.
