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

This research paper by David Vivas Eugui of the Center for International Environmental Law (CIEL) analyzes the intersection of the Convention on Biological Diversity (CBD) and the WTO's TRIPS Agreement following the Doha Ministerial process. The author examines how the TRIPS Agreement's focus on private intellectual property rights can conflict with the CBD's objectives regarding sovereign rights over genetic resources and the fair sharing of benefits. The document provides strategic recommendations for developing countries to utilize WTO mandates—specifically through the TRIPS Council and the Committee on Trade and Environment (CTE)—to incorporate CBD principles and protect traditional knowledge (TK) within the international trade framework.

• The author argues that the TRIPS Agreement currently undermines the CBD by prioritizing private intellectual property rights over public sovereign rights, which leads to the granting of patents on genetic resources and traditional knowledge without prior informed consent or benefit sharing. This results in a "placement of private rights over public rights" and a "tendency to promote monoculture".
• Tiret 15 of the Compilation of Outstanding Implementation Issues is identified as the most significant negotiation mandate for biodiversity, as it seeks an interim understanding that "patents inconsistent with Article 15 of the CBD shall not be granted". The author suggests this could lead to a "consistency examination" in patent procedures to prevent the misappropriation of genetic resources.
• The document highlights three distinct approaches to the relationship between the CBD and TRIPS: a "Conflicting relation" view where TRIPS subordinates public rights to private patents; a view that there is "No conflict but a need to review the TRIPS" to reconcile national implementation; and a view that there is "No relation" because the agreements have different objectives and spheres of application.
• Traditional Knowledge (TK) is described as having unique characteristics—such as oral transmission, collective ownership, and a lack of material incorporation—that make standard IP systems inadequate. The author outlines three approaches to its protection: the creation of a "sui generis system", testing protection at a "national level", or using "existing intellectual property figures".
• The author proposes a common agenda for biodiversity-rich developing countries to pursue in the TRIPS Council, including the recognition of sovereign rights over genetic resources, the requirement for disclosure of the origin of genetic resources and TK in patent descriptions, and the non-patentability of substances and living organisms existing in nature.
• The Doha Ministerial Declaration's paragraph 19 mandates the TRIPS Council to examine the relationship between TRIPS and the CBD, as well as the protection of traditional knowledge and folklore, during reviews of Article 27.3(b) and Article 71.1. The author notes that while this mandate is "neutral in nature", it provides a legal opening for deeper discussions on inconsistencies.
• The Committee on Trade and Environment (CTE) has been given an "advisory" role under the Doha Declaration to identify needs for clarification in WTO rules and recommend future actions. However, the author concludes this role has "limited effect" because the process for obtaining actual rule changes through the General Council is "extremely long".

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} }