The relationship between the objectives of the Convention on Biological Diversity (CBD) and intellectual property rights (IPRs) is the subject of continuing debate. Equally controversial is the effect of the Agreement on Trade-Related Aspects of Intellectual property (TRIPS Agreement) – one of the agreements binding on Members of the World Trade Organisation (WTO) – on the achievement of the CBD’s objectives and on sustainable development generally.
Progress in resolving these complex issues has been slow. In this discussion paper, CIEL and WWF offer an overview of progress at the WTO and the CBD and recommend some ways forward. We explore the relationships between these legal frameworks, and outline key steps that CBD parties and WTO Members – who comprise many of the same countries – should take at the international and national levels. In particular, to support these key steps, we call for action by the Conference of the Parties (COP) and subsidiary bodies of the CBD, and by the WTO’s Council for TRIPS and General Council.
This paper is divided into four sections. Parts I and II review the relevant provisions of the CBD and the TRIPS Agreement respectively. These sections highlight the IPR related aspects of the CBD, and the biodiversity related aspects of TRIPS. The analysis in these sections is drawn together in Part III, which summarises the most important issues arising from the substantive linkages between the CBD’s objectives, IPRs and the TRIPS Agreement. Responding to these issues, Part IV offers recommendations to CBD Parties and WTO Members for decisions or procedures at the international level – in particular under the auspices of the CBD and the WTO – and at the national level through legislative and policy measures.