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

This policy brief analyzes the principle of Prior Informed Consent (PIC) within the context of the Convention on Biological Diversity (CBD) and the TRIPS Agreement. It argues that mandatory international disclosure requirements for PIC in patent applications are necessary to prevent the misappropriation of genetic resources and traditional knowledge, ensuring a more equitable intellectual property system.

• Prior Informed Consent (PIC) is a fundamental principle in international relations linked to the permanent sovereignty of States over 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 specifically intended to prevent the exploitation and unauthorized movement of beneficial materials out of a country, ensuring that benefits from their use accrue to the provider country, rather than preventing the entry of harmful materials.
• The Convention on Biological Diversity (CBD) recognizes the right of national governments to PIC under Article 15, and Article 8 requires the protection of indigenous and local communities' knowledge and practices, which must be promoted with the approval and involvement of the holders.
• The International Treaty on Plant Genetic Resources (ITPGR), which entered into force on June 29, 2004, utilizes a multilateral system for PIC to address the complexities of plant breeding, where a single product often requires inputs from multiple countries of origin.
• Implementation of PIC faces several obstacles, including a lack of regulations, high costs, burdensome procedures, and a lack of enforcement mechanisms, as the Bonn Guidelines are voluntary and provide little guidance on enforcement.
• The author contends that the intellectual property system should serve as a primary enforcement mechanism for PIC, arguing that mandatory international requirements to disclose evidence of PIC in patent applications are necessary to prevent fraud and ensure the system's legitimacy.

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} }