Bridges Trade BioRes • Volume 6 • Number 6 • 3rd April 2006

WTO: Support for Disclosure Building in TRIPS Talk

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China and Norway joined Brazil, Peru, India and other developing countries in calls for text-based negotiations on disclosure of the origin of biological materials in patent applications during an informal consultation on the relationship between the Convention on Biological Diversity (CBD) and the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) held on 23 March and led by WTO Deputy Director-General Rufus Yerxa (see Bridges Trade BioRes, 17 March 2006). China for the first time spoke out in favour of moving to text-based negotiations on a disclosure requirement. For its part, Norway said that although a national-based approach could be useful, it had no objections to inserting a mandatory requirement for origin disclosure and evidence of prior informed consent into the TRIPS Agreement. This position was reinforced by its statements at the CBD Conference of the Parties in Brazil (see Bridges Trade BioRes, 22 March 2006), where Norway also expressed its support for a mandatory disclosure requirement. However, and in line with its national legislation on disclosure in patent applications that has been adopted and legislation on access to genetic resources that is currently under consultation, Norway did not support a requirement for evidence of benefit-sharing.

The US was put on the defensive, reiterating its belief that a national-level contract-based approach outside the patent system was adequate to ensure equitable access and benefit-sharing. The US went on to suggest that disclosure requirements would in fact have an adverse impact on benefit sharing because it would act as a disincentive to innovation by posing additional burden on the patent system and patent holders. The EU suggested that a national based approach could be useful, along with a contract based mechanism, and that for an international disclosure requirement to be enforced terms like “country of origin”, “source of biological/genetic material” would have to be adequately defined. Yerxa said while he expects consultations to continue before the May General Council meeting, he would send a “factual” report to WTO Director-General Pascal Lamy.

ICTSD Reporting; “WTO Geographical Indications, Biodiversity Talks Intensify, But No News For TNC,” IP-WATCH, 24 March 2006.