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The document highlights a conflict between the TRIPS Agreement and the Convention on Biological Diversity (CBD), noting that current intellectual property frameworks fail to recognize traditional knowledge. It discusses proposals by developing countries to require disclosure of origin and evidence of prior informed consent in patent filings. The brief emphasizes the limited participation of indigenous communities in WTO and WIPO processes and recommends amending international IP agreements to prevent patents on naturally occurring genetic resources while supporting national sui generis protection systems.

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  • The TRIPS Agreement and other international intellectual property instruments are designed for "western" innovation and do not adequately recognize or protect traditional knowledge as a source of innovation.
  • Developing countries, including Brazil, China, India, and others, have proposed amending the TRIPS Agreement to require patent applicants to disclose the source and country of origin of biological resources and traditional knowledge, and provide evidence of prior informed consent and fair benefit sharing.
  • Indigenous and local communities face significant barriers to participating in international debates at the WTO and WIPO, including restrictive membership rules in the WTO and financial or technical barriers in WIPO.
  • The document recommends that the TRIPS and WIPO Agreements be reviewed and amended to align with the CBD, specifically to prevent the granting of patents for biological discoveries and naturally occurring genetic resources.

Cite the original document

APA
Center for International Environmental Law (n.d.). iprights-16495bb85cf19bbd.pdf. https://www.ciel.org/wp-content/uploads/2015/03/iprights.pdf
Chicago
Center for International Environmental Law. iprights-16495bb85cf19bbd.pdf. n.d. https://www.ciel.org/wp-content/uploads/2015/03/iprights.pdf.
Wikipedia
{{cite report |author=Center for International Environmental Law |title=iprights-16495bb85cf19bbd.pdf |url=https://www.ciel.org/wp-content/uploads/2015/03/iprights.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{centerforinternationalenvironmentallawndiprights16495bb85cf19bbdpdf, author = {{Center for International Environmental Law}}, title = {{iprights-16495bb85cf19bbd.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/iprights.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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