Disclosure Requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD

This report examines the potential for integrating disclosure requirements into the global intellectual property (IP) system to ensure mutual supportiveness between the WTO TRIPS Agreement and the Convention on Biological Diversity (CBD). It focuses on requiring patent applicants to disclose the origin of genetic resources and traditional knowledge, as well as providing evidence of prior informed consent (PIC) and benefit-sharing, to prevent 'biopiracy' and ensure equitable returns to provider countries and indigenous communities.

• The report argues that the current international system for access and benefit-sharing (ABS) is insufficient because the CBD and other environmental agreements are "weak in scope and enforceability vis-à-vis the global intellectual property systems," specifically the WTO TRIPS Agreement, UPOV, and WIPO processes.
• Several countries and regional blocs have already implemented disclosure of origin requirements in domestic or regional law, including Brazil, Costa Rica, Denmark, India, Nepal, Norway, the Andean Community (Bolivia, Colombia, Ecuador, Peru, and Venezuela), and the African Union (53 countries).
• The report identifies 'user measures' as a way to resolve conflicts between the WTO and CBD. These include self-regulation via codes of conduct, monitoring mechanisms like certificates of origin, and the development of institutional capacity to enforce ABS agreements.
• Certificates of origin are highlighted as a tool to facilitate traceability and discourage illegal use of resources. They could act as a 'passport' for genetic resources from collection to use, providing evidence of rights to transfer and simplifying IP applications in regimes with disclosure requirements.
• Prior Informed Consent (PIC) is described as a fundamental principle for the sovereign rights of states and the human rights of indigenous peoples. The report asserts that for the IP system to be legitimate, it must not reward 'inequitable conduct' and should require evidence of PIC during the rights acquisition process.
• The report presents case studies of 'biopiracy' in the US, such as patents related to Maca (Lepidium meyenii) and Uña de Gato (Uncaria tomentosa) from the Peruvian Andes, where traditional knowledge was used without evidence of legal access or benefit-sharing.
• Switzerland has proposed an optional approach to disclosure by amending the Patent Cooperation Treaty (PCT) Regulations to enable states to require a declaration of the 'source' of genetic resources. Switzerland argues this would achieve transparency, traceability, technical prior art, and mutual trust (the 'four T's').
• Some experts, such as Graham Dutfield, question the practical utility of disclosure of origin, suggesting it may offer 'little practical benefit' to national economies because most biogenetic material used in research does not lead to patented inventions.

APA

Chouchena-Rojas, M., Muller, M. R., Vivas, D., & Winkler, S. (2005). Disclosure Requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/DisclosureRequirements_Nov2005.pdf

Chicago

Chouchena-Rojas, Martha, Manuel Ruiz Muller, David Vivas, and Sebastian Winkler. Disclosure Requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD. Center for International Environmental Law, 2005. https://www.ciel.org/wp-content/uploads/2015/03/DisclosureRequirements_Nov2005.pdf.

Wikipedia

{{cite report |last1=Chouchena-Rojas |first1=Martha |last2=Muller |first2=Manuel Ruiz |last3=Vivas |first3=David |last4=Winkler |first4=Sebastian |title=Disclosure Requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD |publisher=Center for International Environmental Law |date=November 2005 |url=https://www.ciel.org/wp-content/uploads/2015/03/DisclosureRequirements_Nov2005.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{chouchenarojas2005disclosure, author = {Chouchena-Rojas, Martha and Muller, Manuel Ruiz and Vivas, David and Winkler, Sebastian}, title = {{Disclosure Requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD}}, institution = {Center for International Environmental Law}, year = {2005}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2015/03/DisclosureRequirements_Nov2005.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }