Assessments on the Trips Agreement and the Convention on Biological Diversity

Abstract

Doha Ministerial Declaration paragraph 19 instructs "the Council of WTO for Trade-Related Aspects of Intellectual Property Rights, in pursuing its work programme including under the review of Article 27.3(b), the review of the implementation of the TRIPS Agreement under Article 71.1 and the work foreseen pursuant to paragraph 12 of this Declaration, to examine, inter alia, the relationship between TRIPS Agreement and the Convention on Biological Diversity, the protection of traditional knowledge and folklore, and other relevant new developments raised by Members pursuant to Article 71.1". With this instruction the works in WTO regarding the review of "the provisions of Article 27.3(b)", "the relationship between the TRIPS Agreement and CBD", and "the protection of traditional knowledge and folklore" started. It is clear that paragraph 19 has three mandates. This work will examine and describe the work in the TRIPS Council on the relationship between TRIPS and CBD. While examining the relationship, this work will be focused on the main arguments and proposals regarding the issue which are made and presented by the several WTO Members. In the first part of the work, TRIPS agreement and CBD with related articles regarding the issue will be examined. In the second part, general discussions on the issue will be examined. In the third part, more particular disscussions on the issue, especially on the point of prior informed consent, will be focused and different approachs between members will be seen. Lastly this work will seek an answer regarding whether there is any conflict between TRIPS and CBD or possibility of compromise.