Cooperation for Protection of Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions under the BRICS IPR Cooperation

We, the BRICS countries, convened virtually to contribute to strengthening our mutual cooperation for Intellectual Property (IP) protection under the BRICS IPR Cooperation Mechanism, in particular for the protection of genetic resources, traditional knowledge, and traditional cultural expressions. Conscious of the growing economic significance of genetic resources and traditional knowledge for the world, particularly for the BRICS countries, we express our concerns that patents are being sought for knowledge that existed in traditional knowledge systems, or are based on the use of genetic resources.

We recall that protection of genetic resources and traditional knowledge is a long-standing issue for the BRICS countries. We note that there is no multilateral or a plurilateral agreement that addresses mandatory disclosure of the source or origin of the resource and the disclosure of evidence of prior informed consent and access and benefit sharing. Negotiations on the subject are, nevertheless, ongoing in certain inter-governmental organizations. Unfortunately, there has been no substantive progress in these negotiations. Still, there is a need for an international legal regime that makes the patent office or relevant authority the checkpoint to monitor misappropriation.

With a view to promote better understanding and to enable discussion and enhance cooperation on various aspects of the subject in international fora, we have decided to take the following action:

  • To exchange policies and information on legislations, if any, on the protection of genetic resources, traditional knowledge, and traditional cultural expressions in BRICS countries;
  • To exchange information on the best practices followed in our respective countries where patent applications indicate genetic resource, traditional knowledge, or traditional cultural expressions as being the prior art and identify best practices across member countries;
  • To exchange relevant information in order to promote understanding regarding compliance with access and benefit sharing provisions in domestic legislations across BRICS member countries;
  • To undertake joint research for preparing a compendium of biopiracy cases that have occurred in respect of the genetic resources, traditional knowledge, and traditional cultural expressions of BRICS countries, on the basis of substantive/complete exchange of policies and information;
  • To undertake joint research on possible ways to address misappropriation of genetic resources, traditional knowledge, and traditional cultural expressions of BRICS countries on the basis of substantive/complete exchange of policies and information; and
  • To enable discussion and enhance cooperation on the subject in WIPO in the Intergovernmental Committee on IP and Genetic Resources and Traditional Knowledge and the WTO with a view to advance discussions or negotiations in the relevant fora.
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