CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements

CIEL argues that WIPO's response to the CBD must recognize the CBD's leading role in biodiversity and focus on creating mandatory international rules to prevent the misappropriation of genetic resources. The document criticizes the first draft for failing to emphasize the prevention of intellectual property system misuse and for not sufficiently incorporating the views of developing countries and NGOs. CIEL suggests that equitable principles, such as the 'unclean hands' doctrine, should be used to justify mandatory disclosure requirements and sanctions for non-compliance to ensure that intellectual property rights do not reward inequitable conduct.

• WIPO should recognize the leading role of the CBD in international biological diversity issues and strictly limit its response to the scope defined by the CBD request to avoid detrimental influence on CBD objectives.
• The WIPO response should focus on addressing gaps in international intellectual property rules that allow for the misappropriation of genetic resources and traditional knowledge, rather than replacing CBD-led discussions.
• CIEL asserts that the first draft fails to emphasize the need for mandatory international rules for the legal recognition and enforcement of national disclosure obligations, which is essential for the intellectual property system to support CBD objectives.
• Equitable principles in intellectual property law, such as the 'unclean hands' doctrine, provide a basis for refusing to grant or enforce rights procured by fraud or deception and should be integrated into the WIPO response to prevent system misuse.
• The WIPO response should prioritize significant sanctions for non-compliance with disclosure requirements, such as the loss, revocation, or narrowing of patent rights, to ensure the system is not used to further inequitable conduct.
• The first draft is criticized for not sufficiently reflecting the proposals of developing countries, such as the African Group's proposal for an international instrument on genetic resources, or the national laws of countries like Brazil, Norway, and Switzerland that already have disclosure requirements.

APA

Center for International Environmental Law (n.d.). CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements. https://www.ciel.org/wp-content/uploads/2015/03/WIPO_CBD_Request_1Apr05.pdf

Chicago

Center for International Environmental Law. CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements. n.d. https://www.ciel.org/wp-content/uploads/2015/03/WIPO_CBD_Request_1Apr05.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements |url=https://www.ciel.org/wp-content/uploads/2015/03/WIPO_CBD_Request_1Apr05.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallawndcbd, author = {{Center for International Environmental Law}}, title = {{CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements}}, publisher = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/WIPO_CBD_Request_1Apr05.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }