. /.   WORLD TRADE  
ORGANIZATION  WT/GC/W/564/Rev.2 
TN/C/W/41/Rev.2 
IP/C/W/474 
5 July 2006 
 (06-3246) 
General Council 
Trade Negotiations Committee Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
DOHA WORK PROGRAMME – THE OUTS TANDING IMPLEMENTATION ISSUE 
ON THE RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE 
CONVENTION ON BIOLOGICAL DIVERSITY 
 
Communication from Brazil, China, Colombia, Cuba , India, Pakistan, Peru, Thailand and Tanzania
 
 
Revision∗ 
 
 
 The following communication, dated 29 May 2006, is being circulated at the request of the delegation of India also on behalf of the delegations of Brazil, China, Colombia, Cuba, Pakistan, Peru, 
Thailand and Tanzania. 
 
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In the Doha Ministerial Declaration, Ministers agreed that negotiations on outstanding 
implementation issues shall be an integral part  of the Work Programme they established. The 
relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD) is an 
outstanding implementation issue. In addition to the intensive technical work in the TRIPS Council 
since then, the Director General has undertaken dedi cated consultations throug h his Friends, including 
more recently through Mr. Rufus Yerxa, Deputy Di rector General. There have been extensive 
discussions in these processes on the introduction into the TRIPS Agreement of a mandatory 
requirement for the disclosure of origin of biol ogical resources and/or associated traditional 
knowledge used in inventions for which inte llectual property rights are applied for. 
 In the Hong Kong Ministerial Declaration, the Ministers requested the Director General to 
intensify the consultations and to report to each re gular meeting of the TNC and the General Council. 
Further, the Ministers instructed that the Ge neral Council shall review progress and take any 
appropriate action no later than 31 July 2006. In or der to enable the Members to take appropriate 
action by this date, a number of Members have proposed moving towards text-based negotiations on 
the disclosure of origin requirement. Accordingly,  this communication presents a proposal for such a 
text, taking into account the objectives of the requirement as well as the questions, comments and 
concerns raised by various Members in the negotia tions so far. The proposed text will assist the 
consultations being undertaken by the Director General.  
 
The said text is attached. 
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∗ Secretariat Note:   This revision modifies the list of co-sponsors of this communication in the 
subheading.  The proposal contained in the communication remains unchanged.  At the request of the 
co-sponsors, it is also being ci rculated to the TRIPS Council. WT/GC/W/564/Rev.2 
TN/C/W/41/Rev.2 IP/C/W/474 
Page 2 
  
  Article 29 bis 
 Disclosure of Origin of Biological Resou rces and/or Associated Traditional Knowledge 
 
1. For the purposes of establishing a mutually s upportive relationship between this Agreement 
and the Convention on Biological Diversity, in impl ementing their obligations, Members shall have 
regard to the objectives and principles of this Agreement and the objectives of the Convention on 
Biological Diversity. 
 
2. Where the subject matter of a patent applica tion concerns, is derived from or developed with 
biological resources and/or associated traditional knowledge, Members shall require applicants to 
disclose the country providing the resources and/or associated traditional knowledge, from whom in the providing country they were obtained, and,  as known after reasonable inquiry, the country of 
origin. Members shall also require that appli cants provide information including evidence of 
compliance with the applicable legal requirements in  the providing country for prior informed consent 
for access and fair and equitable benefit-sharing ar ising from the commercial or other utilization of 
such resources and/or associated traditional knowledge.  3. Members shall require applicants or patent ees to supplement and to correct the information 
including evidence provided under paragraph 2 of this  Article in light of new information of which 
they become aware.  4. Members shall publish the information disclo sed in accordance with paragraphs 2 and 3 of 
this Article jointly with the application or grant,  whichever is made first. Where an applicant or 
patentee provides further information required unde r paragraph 3 after publication, the additional 
information shall also be published without undue delay.  5. Members shall put in place effective enforcemen t procedures so as to ensure compliance with 
the obligations set out in paragraphs 2 and 3 of this  Article. In particular, Members shall ensure that 
administrative and/or judicial authorities have the authority to prevent the further processing of an 
application or the grant of a patent and to revoke , subject to the provisions of Article 32 of this 
Agreement, or render unenforceable a patent when the applicant has, knowingly or with reasonable 
grounds to know, failed to comply with the obliga tions in paragraphs 2 and 3 of this Article or 
provided false or fraudulent information.  
 
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