CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response
Summary
The briefing argues that WIPO's examination of disclosure requirements in intellectual property applications must not run counter to the objectives of the Convention on Biological Diversity (CBD). It emphasizes that the CBD should maintain its leading role in biodiversity issues, while WIPO's role should be limited to reflecting ongoing discussions within its own bodies—such as the Standing Committee on the Law of Patents—rather than providing definitive guidelines. The document also stresses the need to integrate a development dimension, aligning with UN goals like the Millennium Declaration, to prevent the misappropriation of genetic resources and ensure fair benefit-sharing for provider countries.
Key insights
- WIPO's response to the CBD must be designed to support and not contradict the objectives of the CBD, specifically regarding the conservation of biological diversity and the fair and equitable sharing of benefits from genetic resources.
- Disclosure of origin in patent applications is viewed within the CBD framework as a tool to ensure the traceability of genetic resources and to encourage compliance with prior informed consent (PIC) and mutually agreed terms.
- The CBD should retain the leading role in international biological diversity issues; WIPO's contribution should be seen as one of several inputs and not as a definitive examination or a source of implementation guidelines for the CBD.
- WIPO should incorporate a development dimension into its response, acknowledging that the loss of biodiversity can only be reversed if local people, particularly in countries of origin, benefit from conservation and sustainable use.
- The scope of WIPO's response should be limited to reflecting existing discussions within its bodies—such as the Standing Committee on the Law of Patents (SCP), the Working Group on PCT Reform, and the IGC—rather than introducing new issues like certificates of origin that have not been debated by Member States.
Cite the original document
- APA
- Center for International Environmental Law (n.d.). CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response. https://www.ciel.org/wp-content/uploads/2015/03/CDB_Request_WIPO_Dec04.pdf
- Chicago
- Center for International Environmental Law. CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response. n.d. https://www.ciel.org/wp-content/uploads/2015/03/CDB_Request_WIPO_Dec04.pdf.
- Wikipedia
- {{cite report |author=Center for International Environmental Law |title=CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response |url=https://www.ciel.org/wp-content/uploads/2015/03/CDB_Request_WIPO_Dec04.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{centerforinternationalenvironmentallawndcbd, author = {{Center for International Environmental Law}}, title = {{CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/CDB_Request_WIPO_Dec04.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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