June 8, 2010
Statement by Dr. Andy N. Sommeng, Head of Delegation of Indonesia, WTO Council for Trade Related Aspects of Intellectual Property Rights (TRIPS Council)
First of all, I would like to express my Delegation’s appreciation and tribute to you in chairing this very important meeting. I believe that with your able leadership and guidance, we will be able to address the various issues in the agenda and achieve desired outcomes.
C. REVIEW OF THE PROVISIONS OF ARTICLE 27.3(b)
With regard to the agenda item of the Review of the Provisions of Article 27.3(b), in particular with reference to the communication of IP/C/W/545 on the importance and valuable potential economic of microorganisms, Indonesia would like to support the discussion of patentability of any life forms in order to have clearer and wider perspective and to get constructive reflection concerning this matter.
D. RELATIONSHIP BETWEEN THE TRIPS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY and
E. PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
Indonesia would like to reiterate its view regarding the importance of prevention of misappropriation and misuse of genetic resources, traditional knowledge and folklore. Indonesia believes that the deliberations in this body cannot be separated from other development in any other forums, including in the WTO that has a great standing in multilateral setting. Indonesia also believes that the related forums are complementary to each other.
With regard to the issue of disclosure requirement, I would like to reiterate Indonesia’s support on the improvement of the disclosure requirement system and looks forward to hearing constructive discussions on this issue.
L. IMPLEMENTATION OF PARAGRAPH 6 SYSTEM
Regarding the agenda item on the implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, Indonesia would like to highlight the importance of a clear and practicable mechanism on such implementation. Having observed the current situation, a complicated mechanism is one of the most predominant issue that hinder the implementation of this system and we believe that this circumstance is not in line with the spirit of the Para 6 System. The mechanism should be designed to facilitate an expeditious solution for countries in the pharmaceutical sector from making effective use of compulsory licensing facilitated by the TRIPS Agreement.
Therefore, Indonesia supports the proposal for the WTO to convene a technical workshop on reviewing the implementation of Paragraph 6 and find the most appropriate way for implementing the system as it is intended primarily to help developing countries to ensure that the patent system does not hinder people in having appropriate access to health and medicine.
To conclude, my Delegation believes that all member States should aim for betterment of this forum in the future and therefore, it is our strong hope that there will be an improvement of the result and decision by this meeting.
I thank you Mr. Chairman.
8 June 2010