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

The document examines the conflict between global intellectual property (IP) regimes and the Convention on Biological Diversity (CBD), focusing on 'biopiracy'—the misappropriation of genetic resources and traditional knowledge. It argues that requiring patent applicants to disclose the source of biological materials and provide evidence of prior informed consent (PIC) and benefit-sharing would create synergies between trade and biodiversity goals. While some experts suggest national or voluntary measures, others advocate for mandatory amendments to the TRIPS Agreement to ensure a level playing field. The report highlights specific cases of misappropriation in Peru and discusses various legal mechanisms, such as certificates of origin, to improve traceability and fairness in the patent system.

• The current international system for access and benefit-sharing (ABS) is largely based on bilateral transactions and private contracts, which has proven insufficient for ensuring fair and equitable sharing of benefits.
• Disclosure requirements in patent applications are proposed as a mechanism to prevent 'biopiracy' and ensure that genetic resources and traditional knowledge are obtained legitimately.
• Prior Informed Consent (PIC) is a fundamental principle of the CBD and is viewed as essential for the legitimacy of the IP system; without it, patents may be seen as rewarding inequitable conduct.
• Several countries and regions have already implemented national disclosure of origin (DOO) requirements, including Brazil, India, Norway, Denmark, the Andean Community (Bolivia, Colombia, Ecuador, Peru, and Venezuela), and 53 African Union countries.
• Case studies of Maca (Lepidium meyenii) and Uña de Gato (Uncaria tomentosa) in Peru illustrate how the patent system can be used to validate the misappropriation of biological resources and traditional knowledge.
• Switzerland proposes an optional approach to amend the Patent Cooperation Treaty (PCT) and Patent Law Treaty (PLT) to enable states to require the declaration of the 'source' of genetic resources, rather than mandatory TRIPS amendments.
• Certificates of origin are suggested as 'user measures' to facilitate traceability, monitor the movement of resources, and discourage illegal use, acting as a bridge between national and international jurisdictions.
• There is a lack of international consensus on whether disclosure requirements should be mandatory or voluntary, what the specific triggers for disclosure should be, and what the legal consequences for non-compliance should be.

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} }