Are the CBD and the WTO TRIPs chapter compatible?
Leave it to national governments The two Conventions have been written carefully and, whilst dealing with different matters, both contain provisions related to the other one. CBD considers that intellectual property can be made supportive of its objectives. TRIPs excludes from patentability inventions that are contrary to the ordre public or morality, or those inventions that are dangerous to animal or plant life or seriously prejudicial to the environment. These are important safeguards. Parties to both agreements must fulfill their obligations under both treaties and through thoughtful implementations there is no reason why they cannot do so without jeoizing the objectives of either. TRIPs is in conflict with CBD TRIPs obligates members to adopt patents or sui generis systems for plant varieties, while CBD calls for the protection and promotion of indigenous knowledge, innovations and practices. Conservation and privatization are contradictory goals. Exclusive monopoly rights over bi
