ENVIRONMENTAL LAW ISSUES LINKED TO THE CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO NEGOTIATIONS: IMPLEMENTING DOHA MANDATES

The document examines the legal tensions between the TRIPS Agreement and the Convention on Biological Diversity (CBD), specifically regarding the misappropriation of genetic resources and traditional knowledge. It evaluates the Doha Ministerial Declaration's mandates, such as 'Tiret 15' and 'Tiret 95', as potential vehicles for amending TRIPS to recognize sovereign rights over genetic resources and mandate prior informed consent and benefit sharing. The author suggests a common agenda for biodiversity-rich countries to push for the non-patentability of naturally occurring organisms and the establishment of sui generis systems for traditional knowledge, while coordinating efforts across the WTO, WIPO, and FAO.

• The author identifies a fundamental conflict where the TRIPS Agreement allows private patent rights to be granted over genetic resources, effectively "subordinating public rights over genetic resources, recognized in the CBD, to the grant of private rights such as patents under the TRIPS Agreement."
• Tiret 15 of the Compilation of Outstanding Implementation Issues is identified as the most viable immediate legal tool for developing countries, as it seeks an interim understanding that "patents inconsistent with Article 15 of the CBD shall not be granted".
• The document argues that the TRIPS Agreement should be amended to require the disclosure of the origin of genetic material and associated traditional knowledge to prevent "misappropriation" and avoid "expensive and numerous judicial actions to revoke patents".
• Regarding traditional knowledge (TK), the author notes that existing intellectual property structures are insufficient because TK is often "held collectively or individually" and relies on "Oral transmission" rather than Western scientific methods, necessitating a "sui generis system" of protection.
• The author assesses the Committee on Trade and Environment's (CTE) new advisory role under the Doha mandate as having "limited effect" because the process for recommending new negotiations to the General Council is "extremely long".
• The paper proposes a common agenda for developing countries that includes the recognition of IP registration as a "commercial use of genetic resources or TK" to establish a clear incompatibility between TRIPS and CBD when obligations are ignored.

APA

EUGUI, D. V. (2002). ENVIRONMENTAL LAW ISSUES LINKED TO THE CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO NEGOTIATIONS: IMPLEMENTING DOHA MANDATES. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/Doha_CBD-10oct02.pdf

Chicago

EUGUI, DAVID VIVAS. ENVIRONMENTAL LAW ISSUES LINKED TO THE CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO NEGOTIATIONS: IMPLEMENTING DOHA MANDATES. Center for International Environmental Law, 2002. https://www.ciel.org/wp-content/uploads/2015/03/Doha_CBD-10oct02.pdf.

Wikipedia

{{cite report |last1=EUGUI |first1=DAVID VIVAS |title=ENVIRONMENTAL LAW ISSUES LINKED TO THE CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO NEGOTIATIONS: IMPLEMENTING DOHA MANDATES |publisher=Center for International Environmental Law |date=6 July 2002 |url=https://www.ciel.org/wp-content/uploads/2015/03/Doha_CBD-10oct02.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{eugui2002environmental, author = {EUGUI, DAVID VIVAS}, title = {{ENVIRONMENTAL LAW ISSUES LINKED TO THE CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO NEGOTIATIONS: IMPLEMENTING DOHA MANDATES}}, institution = {Center for International Environmental Law}, year = {2002}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2015/03/Doha_CBD-10oct02.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }