Biopolicy, Vol 2, Paper 4, PY97004, 1997
Online Journal, URL: http//www.bdt.org.br/bioline/py
Biodiversity, intellectual property rights, and the GATT agreement: how
to address the conflicts?
Ashish Kothari and R.V.Anuradha
Received for publication December 1996
Code Number: PY97004
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INTRODUCTION
Decision II/12 of the Second Conference of the Parties (COP2)[UNEP 1995] to
the Convention on Biological Diversity (CBD) requested the CBD Secretariat
to:
undertake a preliminary study which analyses the impact of Intellectual
Property Rights (IPR) systems on the conservation and sustainable use of
biological diversity and the equitable sharing of benefits derived from its
use;
liaise with the Secretariat of the World Trade Organisation (WTO) to
inform it of the goals and the ongoing work of the CBD;
invite the Secretariat of the WTO to assist in preparing a paper for the
Conference of Parties that identifies the synergies and relationship
between the objectives of the CBD and the Agreement on Trade-related
Aspects of Intellectual Property Rights (TRIPS).
The decisions at the Third Conference of Parties (COP3) carry forward the
concerns reflected at COP2 on the inter-linkages between IPR issues and
trade liberalisation on the one hand, and the objectives of the CBD on
the other:
Decision L.18 of the Third Conference of Parties [UNEP 1996a] draws
attention to the need for conducting case studies of the impacts of IPRs on
the achievement of the CBD's objectives, including relationships between
IPRs and the knowledge, practices and innovations of indigenous and local
communities relevant to the conservation and sustainable use of
biodiversity. It further recognises the need for work required to help
develop a common appreciation of the relationship between IPRs and the
TRIPS Agreement and the CBD, in particular on technology transfer and on
the three-fold objectives of the CBD, viz., conservation and sustainable
use of biodiversity and the equitable sharing of benefits arising from
such use.
Decision L.12 further states that the WTO through the Committee on Trade
and Environment (CTE), should consider a better appreciation of the
relationship between trade and agricultural biodiversity, and collaborate
with the CBD [UNEP 1996b].
Decision L.8 emphasises the need for co-operation between the CBD
process and the WTO with regard to the inter-linkages between Article 15
on access to genetic resources and the TRIPS agreement.[UNEP 1996c]
This paper has been prepared in view of these decisions. It examines the
impact of Intellectual Property Rights (IPR) on biodiversity in general
and specifically on the objectives of the CBD. It also addresses the
broader issue of the relationship between the GATT/WTO Agreement and the
CBD. It then reflects on the choices available to ensure that the
objectives of the CBD are not undermined. Though the larger issue of
relationship and potential conflicts between the GATT-WTO Agreement as a
whole and the CBD, has not been addressed in the COP3 decisions, we feel
it is an equally important aspect that requires detailed analysis.
This paper is in the nature of a preliminary study. The purpose is to
generate debate and discussion on the issues raised. We look forward to
comments and criticism, as well as further information which elucidates
the impact of IPRs and the GATT mechanism on biodiversity.
Keywords: UPOV; plant breeders' rights; precautionary approach;
indigenous communities
Copyright remains with the author.
Published by Bioline Publications
Editorial Office: biopol@biostrat.demon.co.uk
