Disputes on issues related to the Convention on Biological Diversity (CBD) spilled over into the WTO Hong Kong Ministerial in December, with a number of developing countries, led by India and Brazil, pushing for language on CBD-related issues.

These issues included the relationship between the TRIPS Agreement and the CBD, and the launch of negotiations on a requirement for disclosure of origin of biological materials and related traditional knowledge in patent applications.
According to one report, India presented an updated version of a paragraph it wanted to incorporate into the Hong Kong ministerial declaration at a WTO meeting on CBD issues held on 21 November. According to the proposal, patent applicants would have to “disclose, as a condition for grant of the patent, the source and country of origin of the biological/genetic material and associated traditional knowledge used in the invention.” The proposal received the support of many developing countries, while Australia, Canada, Japan and the US were the main opponents. The opponents argued that CBD issues should not be part of the Hong Kong agenda, and agreement was not reached. However, during the Hong Kong Ministerial, India maintained the pressure for the launch of negotiations on the relationship between TRIPS and the CBD. Calling for such negotiations, as well as for incorporating provisions on disclosure of origin in the TRIPS Agreement, Indian minister of commerce and industry Kamal Nath said in plenary that there was growing popular discontent among developing countries over biopiracy and the misappropriation of their genetic resources and traditional knowledge.
By the end of deliberations, the final text of the ministerial declaration states that Members “take note of the work undertaken by the Director-General in his consultative process on all outstanding implementation issues under paragraph 12(b) of the Doha Ministerial Declaration, including on issues related to the extension of the protection of geographical indications … and those related to the relationship between the TRIPS Agreement and the Convention on Biological Diversity” and that they “request the Director-General, without prejudice to the positions of Members, to intensify his consultative process.” The Council shall review progress and take any appropriate action no later than 31 July 2006.
Although there is no mention of disclosure requirements, the text does communicate a sense of urgency regarding the conclusion of the ongoing consultative process on the relationship between the TRIPS Agreement and the CBD.
Links to further information
Official WTO conference website
Draft Ministerial Declaration, 18 December 2005
ICTSD Bridges Daily Coverage, 13-18 December 2005
ICTSD Bridges Daily Coverage, 13-18 December 2005
Hong Kong Ministerial ends with little overall progress; limited focus on IP, IP Watch, 18 December 2005
Latest WTO Ministerial draft urges discussions on IP issues to intensify, adds review date, IP Watch, 18 December 2005
Peru attempts strong WTO position on disclosure despite weaker US deal, IP Watch, 17 December 2005
CBD issues subject of tough negotiations at WTO, IP Watch, 16 December 2005
India, US have a tiff over TRIPS, Economic Times (India), 16 December 2005
Amiti Sen, Tackle biopiracy, says India, Financial Express, 15 December 2005
India, Brazil tie biodiversity negotiations to Doha development package, IP Watch, 15 December 2005
WTO draft ministerial text urges progress on TRIPS issues, IP Watch, 28 November 2005