A proposal aimed at moving forward the debate over the relationship between intellectual property rights, biodiversity and traditional knowledge was the focus on discussions at a recent World Trade Organization meeting.

The WTO’s Council for Trade-related Aspects of Intellectual Property Rights (TRIPS) took up the issue from 1-2 December 2004. Delegates discussed a proposal submitted by Bolivia, Brazil, Cuba, Ecuador, India, Pakistan, Peru, Thailand and Venezuela.
The proposal focused on disclosure of prior informed consent in patents involving the use of biological resources, with reference to Article 15 of the Convention on Biological Diversity (CBD). The topic forms part of a Checklist of Issues on the relationship between the TRIPS Agreement and the CBD that was submitted by these delegations in March 2004. The Checklist covered matters such as disclosure of origin, prior informed consent, and benefit-sharing.
According to a report on the meeting from the International Centre for Trade and Sustainable Development (ICTSD), most other WTO Members reiterated their previous positions on the issue. Stating that mandatory disclosure is inappropriate, the US suggested that there is no inherent conflict between TRIPS and the CBD, and supported a contract-based approach. The EU suggested that mandatory disclosure would be suitable. Switzerland supported voluntary disclosure of the source, while noting that the World Intellectual Property Organization’s Patent Cooperation Treaty is the appropriate forum for this discussion. Canada, Australia and New Zealand proposed testing the three positions, examining how they could have avoided the granting of inappropriate patents. In spite of the divergent views, the debate was reported to be considerably more constructive than those in previous meetings.
Links to further information
The proposal (IP/C/W/438)
ICTSD Trade BioRes report, 3 December 2004