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

The Center for International Environmental Law (CIEL) provides observations on the first draft of the World Intellectual Property Organization's (WIPO) response to a request from the Convention on Biological Diversity (CBD). CIEL argues that WIPO must recognize the CBD's leading role in biodiversity issues and ensure that international intellectual property rules are modified to prevent the misappropriation of genetic resources and traditional knowledge through mandatory disclosure requirements.

• CIEL asserts that WIPO should strictly limit its response to the scope defined by the CBD request and recognize the CBD's leading role in international biological diversity issues, as WIPO can only provide "peripheral input into the CBD process".
• The document argues that the WIPO response must support the CBD's objectives, specifically by integrating disclosure requirements into the international intellectual property system to prevent the misappropriation of genetic resources and traditional knowledge.
• CIEL criticizes the First Draft for failing to emphasize the need for mandatory international rules that ensure the legal recognition and enforcement of national disclosure obligations by all States, noting that unilateral requirements are already permitted under existing treaties.
• The statement emphasizes that equitable principles in intellectual property law, such as the doctrine of "unclean hands", should be used to prevent the system from rewarding inequitable conduct, such as the improper acquisition of knowledge.
• CIEL suggests that the WIPO response should more fully reflect the proposals of Member States and accredited observers, including specific proposals from the African Group and national laws in countries like Brazil, Norway, and Switzerland.
• The document calls for the WIPO response to integrate a development dimension, aligning with the United Nations Millennium Declaration and the Johannesburg Declaration on Sustainable Development to ensure local people benefit from the conservation of biological diversity.

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} }