October 26, 2010
Statement by the Delegation of Indonesia at the Council for Trade-Related Aspects for Intellectual Property Rights (Council for TRIPS) – Agenda Item D & E: Relationship between the TRIPS Agreement and
Indonesia would like to once again stress the importance of the issue of the Relationship between the TRIPS Agreement and the Convention on Biological Diversity and Protection of Traditional Knowledge and Folklore. Indonesia, as a proponent of W52, remains consistent in our view that all member should take bold steps to address this matter so that the TRIPS Council not only contributes fruitful result but also substantive progress within the WTO in this regard. Given the fact that the protection of genetic resources and traditional knowledge is very crucial for developing countries such as Indonesia, my delegation reiterates the urgency of enhancing the discipline of disclosure requirements.
Indonesia is a proponent in addressing these issue in several multilateral fora and underlines that negotiations for the protection of genetic resources and associated traditional knowledge in the WTO should be supportive and do not run counter with the negotiations in other fora, such as the IGC-GRTKF of WIPO and Informal Consultative Group on Access and Benefit-Sharing of the Convention on Biological Diversity (CBD). Each of these negotiations will complement one another in creating a fairer, more balanced and effective protection regime of genetic resources and traditional knowledge.
With regard to the Tenth Meeting of the Conference of the Parties to the Convention on Biological Diversity, which now is being held in Nagoya, Japan, Indonesia urges all parties who are also members of the WTO to show flexibility and to support the ongoing negotiation process of the Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity, in which we have high hopes of being adopted at the said meeting.
Let it also be said that it is in everyone’s interest that genetic resources and traditional knowledge should be looked after and utilized in an appropriate manner that ensures their sustainability and the fair and equitable benefit sharing for the guardians of these resources. It is on this note that we inquire all members, particularly those who have not shared our view, to truly consider the importance of this issue and the matters at stake, in particular the welfare of our people. Our goal to create a truly beneficial regime can only be achieved through a sincerely mutual cooperation and partnership among all stakeholders. Hence, Indonesia invites members to strengthen their commitment and stimulate further dialogue to accomplish the desired results.