The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements

This briefing note from the Center for International Environmental Law argues for the introduction of disclosure requirements within the TRIPS Agreement to align intellectual property rules with the objectives of the Convention for Biological Diversity (CBD), specifically to prevent the misappropriation of biological resources and traditional knowledge.

• Developing countries, including India, Brazil, Peru, and China, have advocated for the introduction of disclosure requirements in the TRIPS Agreement to support the principles of the Convention for Biological Diversity (CBD). The Indian Commerce and Industry Minister, Kamal Nath, specifically called for these amendments to protect poor or disadvantaged holders of traditional knowledge.
• At the Second South Summit in Doha, Qatar, from June 12 to 16, 2005, the G77 and China urged for the acceleration of negotiations regarding the development-related mandate of the TRIPS agreement, specifically seeking amendments that allow intellectual property rules to support CBD objectives.
• The proposed disclosure requirements would mandate WTO Members to require patent applications to disclose the source and country of origin of biological resources and traditional knowledge, as well as evidence of benefit sharing and prior informed consent under national regimes.

APA

Center for International Environmental Law (2005). The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements. https://www.ciel.org/reports/third-quarter-2005-the-relationship-between-the-trips-agreement-and-the-cbd-the-case-for-disclosure-requirements-2/

Chicago

Center for International Environmental Law. The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements. 2005. https://www.ciel.org/reports/third-quarter-2005-the-relationship-between-the-trips-agreement-and-the-cbd-the-case-for-disclosure-requirements-2/.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements |date=1 September 2005 |url=https://www.ciel.org/reports/third-quarter-2005-the-relationship-between-the-trips-agreement-and-the-cbd-the-case-for-disclosure-requirements-2/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2005relationship, author = {{Center for International Environmental Law}}, title = {{The Relationship between the TRIPS Agreement and the CBD: The Case for Disclosure Requirements}}, institution = {Center for International Environmental Law}, year = {2005}, month = sep, url = {https://www.ciel.org/reports/third-quarter-2005-the-relationship-between-the-trips-agreement-and-the-cbd-the-case-for-disclosure-requirements-2/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }