Issues linked to Convention on Biological Diversity in the WTO negotiations implementing Doha mandates.

This document analyses the content of TRIPS and CBD related mandates contained in the Ministerial texts approved at Doha. It aims at providing developing countries with suggestions for common action in the relevant WTO bodies. While most attention is given to the Ministerial Declaration, issues of crucial importance for developing countries are found in the Decision on Implementation Related Issues and Concerns, and in the Compilation of Outstanding Implementation Issues.The author concludes that:Negotiations on implementation are the fastest vehicle for generating changes in the TRIPS Agreement in relation to CBD. Tiret 15 of the outstanding list of issues is the strongest mandate for obtaining transitional measures while the TRIPS agreement is finally reviewed.It is possible to link negotiations on implementation and the work on mandated and reviews under articles 27.3b) and 71.1. due to similar coverage in certain points.The relation between the CBD and the TRIPS Agreement and protection of traditional knowledge (TK) should be included as specific items under this review independently if they fall under Article 27.3(b) or 71.1 or paragraph 12 of the Doha Ministerial Declaration. For a more comprehensive review of the TRIPS Agreement in light of the CBD and the ITGRFA, Article 71.1 seems to be a more suitable vehicle.Gaps among the developing countries on different approaches on the relation between CBD and TRIPS and the protection of TK need to be reduced in order to preserve possibilities for amending the TRIPS Agreement. The preparation of a list of common objectives, a common minimum agenda and clarity on the expected results coming from the review process can make developing countries tasks easier.The Ministerial declaration strengthens the advisory role of the Committee on Trade and Environment (CTE) but fails to provide sufficient authority to permit true reform of rules. In relation to the negotiations on the WTO rules and specific trade obligations in MEAs (and more precisely the CBD) a more circuitous road is created for obtaining changes in the relevant WTO Agreements.The CBD and The ITGRFA have created a new system for access to genetic resources (GR). Coherence with the work already undertaken in CBD and FAO will be necessary to avoid confusion and to obtain a horizontal recognition of the international system for access to GR in the WTO and WIPO.Participation of the CBD and the FAO secretariat in the WTO and WIPO will provide useful experiences for the implementation of these agreements.