Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement

The policy brief examines the evolution and application of prior informed consent (PIC) in the context of genetic resources, highlighting the rights of States and indigenous communities. It argues that the intellectual property system, specifically through the TRIPS Agreement, should require evidence of PIC during patent applications to prevent the misappropriation of biological wealth and ensure the fair sharing of benefits.

• Prior informed consent (PIC) has evolved as a necessary corollary to the permanent sovereignty of States over their natural resources and is used in multilateral environmental agreements to control the movement of hazardous materials, genetically engineered organisms, and persistent organic pollutants.
• In the context of genetic resources, PIC is intended to prevent the exploitation and unauthorized movement of beneficial materials out of a country and to ensure that benefits from their use accrue to the provider country, addressing concerns about misappropriation by companies and research institutions.
• The Convention on Biological Diversity (CBD) recognizes the right of national governments to PIC under Article 15, and the Bonn Guidelines provide procedural direction on obtaining this consent, including stakeholder involvement and the specification of use.
• For indigenous peoples and local communities, PIC is viewed as central to securing rights related to property and non-discrimination, and is critical for the management of resources on their lands, as supported by Article 8 of the CBD.
• The International Treaty on Plant Genetic Resources (ITPGR) utilizes a multilateral system for PIC to address the complexities of plant breeding, which make the CBD's bilateral system and the notion of a single country of origin difficult to apply.
• Implementation of PIC faces challenges including a lack of regulations, high costs, and the absence of enforcement mechanisms in voluntary frameworks like the Bonn Guidelines.
• The author argues that a mandatory international requirement to disclose evidence of PIC in patent applications is necessary to prevent the intellectual property system from rewarding fraud or deception and to ensure an equitable system.

APA

Anne, P., & Julia, O. M. (2005). Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/PIC_PerraultOliva_Apr05.pdf

Chicago

Anne, PERRAULT,, and OLIVA, Maria Julia. Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement. Center for International Environmental Law, 2005. https://www.ciel.org/wp-content/uploads/2015/03/PIC_PerraultOliva_Apr05.pdf.

Wikipedia

{{cite report |last1=Anne |first1=PERRAULT, |last2=Julia |first2=OLIVA, Maria |title=Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement |publisher=Center for International Environmental Law |date=21 April 2005 |url=https://www.ciel.org/wp-content/uploads/2015/03/PIC_PerraultOliva_Apr05.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{anne2005dialogue, author = {Anne, PERRAULT, and Julia, OLIVA, Maria}, title = {{Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement}}, institution = {Center for International Environmental Law}, year = {2005}, month = apr, url = {https://www.ciel.org/wp-content/uploads/2015/03/PIC_PerraultOliva_Apr05.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }