(1)

In their 2002 Communication to the Trade-Related aspects of Intellectual Property Rights Council (TRIPS Council), the Union and its Member States agreed to discuss the introduction of a self-standing disclosure requirement allowing Member States to keep track of patent applications with regard to genetic resources.

(2)

In 2004, the World Intellectual Property Organisation (WIPO) general assembly agreed, at the suggestion of the Conference of the Parties to the Convention on Biological Diversity, to consider the relationship between access to genetic resources and disclosure requirements in intellectual property rights applications.

(3)

Since 2004, WIPO has held discussions on the disclosure of the origin or source of genetic resources and associated traditional knowledge in patent applications.

(4)

The WIPO general assembly decided to convene a diplomatic conference to conclude an international legal instrument relating to intellectual property, genetic resources and traditional knowledge associated with genetic resources to be held no later than 2024.

(5)

The Union should participate in the negotiations on such international legal instrument, for matters falling within its competence and in respect of which the Union has adopted common rules that may be affected or the scope of which may be altered by that international instrument. The Member States retain their competence insofar as the international legal instrument does not affect common rules or alter the scope thereof, including their foreseeable future development.

(6)

This Decision should be without prejudice to the division of competence between the Union and its Member States, as defined by the Treaties,