Disclosure of the source of biological materials and related traditional knowledge in patent applications continues to be a highly controversial issue for the Council for Trade-related Aspects of Intellectual Property Rights (TRIPS).

At its meeting in Geneva from 25-28 October 2005, India, supported by Brazil, Peru, Ecuador, Pakistan, Sri Lanka, China, Cuba, Bolivia, Colombia, Thailand, Turkey and Indonesia, submitted a paper calling for a multilateral approach to disclosure. The paper responded to a recent U.S. submission, which argued for a contract-based approach based on national legislation. India believes such an approach would not prevent international misappropriation of genetic resources, as most resources are patented by multinational companies outside the country of origin. Australia, the EC, Canada and New Zealand agreed with the need for further discussion on how disclosure requirements could prevent biopiracy. During an informal consultation session on outstanding implementation issues relating to the relationship between TRIPS and the Convention on Biological Diversity, India submitted draft text for the Hong Kong Ministerial Declaration in December 2005, calling for negotiations specifically on disclosure requirements.
Links to further information
BRIDGES Trade BioRes, 28 October 2005
Intellectual Property Watch, TRIPS Council issues still alive for WTO Ministerial, 28 October 2005