CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response
Summary
This briefing note, prepared by the South Centre and the Center for International Environmental Law (CIEL), proposes a framework for the World Intellectual Property Organization (WIPO) to respond to a request from the Convention on Biological Diversity (CBD). The document argues that WIPO's examination of the interrelation between genetic resource access and intellectual property disclosure requirements must support CBD objectives, recognize the CBD's leading role in biodiversity issues, and integrate sustainable development goals.
Key insights
- WIPO's response to the CBD must ensure that intellectual property rights are supportive of and do 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 support compliance with prior informed consent (PIC) and benefit-sharing.
- The CBD maintains the leading role in international biological diversity issues; therefore, WIPO's contribution should be viewed as one particular analysis rather than a definitive examination or a set of guidelines for implementing the CBD.
- WIPO is encouraged to integrate a development dimension into its response, aligning with UN goals such as the Millennium Declaration and the Johannesburg Declaration on Sustainable Development, which link biodiversity conservation to poverty eradication.
- The proposed focus for WIPO's response is to transmit and summarize existing discussions from its own bodies—such as the Standing Committee on the Law of Patents (SCP) and the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore—rather than introducing new issues like certificates of origin.
- The African Group has specifically proposed that patent laws require the disclosure of the source and country of origin of genetic resources and associated traditional knowledge, along with evidence of compliance with national access and benefit-sharing laws.
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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