Issues Linked to the Convention on Biological Diversity in the World Trade Organization Negotiations: Implementing Doha Mandates (October 2002) (Vivas) [TE02-1]

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The relation between the objectives of the Convention on Biological Diversity (CBD) and the TRIPS Agreement has been subject to continuous debate in the World Trade Organization (WTO), especially in the TRIPS Council and in the Committee on Trade and Environment (CTE). The core of these discussions has been focused on the lack of recognition of the objectives of the CBD by some members as well as and the need to incorporate those objectives into the text of the TRIPS Agreement. The main vehicles used by developing countries in the pre-Doha negotiations phase for promoting the recognition and the incorporation of the CBD objectives were the re view of Article 27.3(b) in the TRIPS Council and the work undertaken in the CTE of the WTO.

This document analyses the content of TRIPS and CBD- related mandates contained in the Ministerial texts approved at Doha. It aims to provide developing countries with suggestions for common action in the relevant WTO bodies. While most of the attention is being given to the Ministerial Declaration, issues of crucial importance for developing countries can be found in the Decision on Implementation Related Issues and Concerns, and in the Compilation of Outstanding Implementation Issues. To assist developing countries choosing the most promising strategies, this brief identifies valuable interpretative links and suggests a list of items for a common review agenda.

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