The TRIPS Agreement and Biological Diversity

The document analyzes the tension between the TRIPS Agreement's intellectual property protections and the CBD's goals of biodiversity conservation and equitable benefit sharing. It explores how patenting biological resources can conflict with national sovereignty and the rights of indigenous peoples, while also discussing the complex role of intellectual property rights (IPRs) in facilitating or inhibiting technology transfer to developing countries. The author suggests that mandatory disclosure of the origin of genetic materials could mitigate 'biopiracy' and that developing countries could better utilize IPRs, such as trademarks and geographical indications, to add value to their own genetic resources.

• The TRIPS Agreement requires patents for inventions in all technology fields, including biotechnology, but allows members to exclude plants and animals (other than micro-organisms) and essentially biological processes from patentability.
• Conflict arises between TRIPS and the CBD because patenting isolated biochemical substances or organisms can be viewed as a property claim that violates the sovereign rights of countries to exploit their own resources.
• While patents could theoretically facilitate benefit sharing through shared ownership, in bioprospecting, indigenous communities often lack the bargaining power or legal knowledge to assert their rights, and states struggle to prevent foreign patent filings once resources leave their borders.
• The impact of strong intellectual property rights on technology transfer is contested: some argue they are a prerequisite for transfer by protecting investment, while others argue they inhibit transfer by allowing owners to maintain high prices and block access.
• There is a significant imbalance in the intellectual property regime where formal corporate innovations are highly protected, but traditional knowledge—such as the medicinal use of plants—receives no protection, which encourages the misappropriation of indigenous knowledge.
• Developing country WTO members have proposed mandatory disclosure of the source of biological materials and traditional knowledge in patent applications to reduce 'biopiracy' and ensure compliance with benefit-sharing regulations.

APA

International Institute for Sustainable Development (2003). The TRIPS Agreement and Biological Diversity. https://www.iisd.org/system/files/publications/investment_sdc_dec_2003_8.pdf

Chicago

International Institute for Sustainable Development. The TRIPS Agreement and Biological Diversity. 2003. https://www.iisd.org/system/files/publications/investment_sdc_dec_2003_8.pdf.

Wikipedia

{{cite report |author=International Institute for Sustainable Development |title=The TRIPS Agreement and Biological Diversity |date=2003 |url=https://www.iisd.org/system/files/publications/investment_sdc_dec_2003_8.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{internationalinstituteforsustainabledevelopment2003trips, author = {{International Institute for Sustainable Development}}, title = {{The TRIPS Agreement and Biological Diversity}}, institution = {International Institute for Sustainable Development}, year = {2003}, url = {https://www.iisd.org/system/files/publications/investment_sdc_dec_2003_8.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }