iprights-16495bb85cf19bbd.pdf

This policy brief examines the conflict between international intellectual property (IP) rights and the protection of traditional knowledge and biological resources. It argues that the TRIPS Agreement fails to recognize traditional knowledge, contrasting it with the Convention on Biological Diversity (CBD), and advocates for the amendment of IP agreements to require disclosure of origin and benefit-sharing.

• The TRIPS Agreement and other international IP instruments are insufficient for protecting traditional knowledge because they were primarily designed for "western" innovation and lack mechanisms to address the specific nature of traditional knowledge.
• There is a growing trend of national laws providing protection for traditional knowledge through either direct mechanisms, such as sui generis systems, or indirect means via laws regarding indigenous rights and genetic resource access.
• A group of developing countries has proposed that the WTO TRIPS Council initiate negotiations to amend the TRIPS Agreement to align with CBD objectives. This proposal would require patent filings to include disclosure of the biological resource's source and country of origin, evidence of prior informed consent, and evidence of fair and equitable benefit sharing.
• Indigenous and local communities face significant barriers to participating in international debates at the WTO and WIPO. In the WTO, participation is restricted to member states and authorized international organizations, while in WIPO, financial constraints and a lack of understanding of the IP system hinder involvement.

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} }