In an effort to begin text-based negotiations on the relationship between the Convention on Biological Diversity (CBD) and the WTO Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS), India, along with Brazil, China, Cuba, Pakistan, Peru, Thailand and Tanzania, have submitted a proposal to amend the TRIPS Agreement.

The relationship between the CBD and the TRIPS Agreement is an outstanding implementation issue according to the Doha Ministerial Declaration, under consideration in the TRIPS Council and in consultations under WTO Deputy Director General Rufus Yerxa, with extensive discussions on a mandatory requirement for the disclosure of origin of biological resources and/or associated traditional knowledge in patent applications. The Hong Kong Ministerial Declaration noted that the General Council shall review progress and take any appropriate action no later than 31 July 2006. According to the proposal, “Where the subject matter of a patent application concerns, is derived from or developed with biological resources and/or associated traditional knowledge, Members shall require applicants to disclose the country providing the resources and/or associated traditional knowledge, from whom in the providing country they were obtained, and, as known after reasonable inquiry, the country of origin. Members shall also require that applicants provide information including evidence of compliance with the applicable legal requirements in the providing country for prior informed consent for access and fair and equitable benefit-sharing arising from the commercial or other utilization of such resources and/or associated traditional knowledge.”
Links to further information
The proposal/communication from Brazil et al., 6 June 2006 (use the WTO search engine for document “WT/GC/W/564/Rev.1”)
IP Watch, “Developing countries propose TRIPS amendment on disclosure,” 1 June 2006
IP Watch, “Biggest Developing Countries Present TRIPS Amendment Proposal,” 7 June 2006