RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/213
19 October 2000
(00-4311)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
French/Spanish
DECISIONS TAKEN AT THE FIFTH CONFERENCE OF THE PARTIES (COP) TO THE
CONVENTION ON BIOLOGICAL DIVERSITY (CBD), WHICH TOOK PLACE
FROM 15 TO 26 MAY 2000 IN NAIROBI
DECISION V/16 ON ARTICLE 8(j) AND RELATED PROVISIONS
*
The Conference of Parties,
Recalling its decision IV/9,
Recognizing the need to respect, preserve an d maintain knowledge, innovations and practices
of indigenous and local communities embodying traditional lifestyles relevant for the conservation
and sustainable use of biological divers ity and promote their wider application,
Noting the need for a long-term approach to the programme of work on implementation of
Article 8(j) and related provisions of the Convention on Biological Diversity, within a vision to be
elaborated progressively, in line with the overall objectives set out in Article 8(j) and related
provisions,
Emphasizing the fundamental importance of ensuring the full and effective participation of
indigenous and local communities in the implementation of Article 8(j) and related provisions,
Noting the importance of integrating with the full and effective participation of indigenous
and local communities the work on Article 8(j) and related provisions into national, regional and
international strategies, polices and action plans,
Recognizing the vital role that women play in the conservation and sustainable use of
biodiversity, and emphasizing that greater attention should be given to strengthening this role and the
participation of women of indigenous and local communities in the programme of work,
Further noting the linguistic and cultural diversity among indigenous and local communities
as well as differences in their capacities,
Noting existing declarations by indigenous and local communities to the extent they relate to
the conservation and sustainable use of biodiversity, including, inter alia, the Kari Oca Declaration,
the Mataatua Declaration, the Santa Cruz Declaration, the Leticia Declaration and Plan of Action, the
Treaty for Life Forms Patent Free Pacific, the Ukupseni Kuna Yala Declaration, the Heart of the
Peoples Declaration on Biodiversity and Biolog ical Ethics, the Jovel Declaration on Indigenous
                                                     
* At its meeting of 21 and 22 September 2000, the Council for TRIPS agreed that decisions V/16 and
V/26 be circulated in the IP/C/W/- series of documents.  The original text of these decisions can be found onpages 139 and 196 of document UNEP/CBD/COP/5/23, respectively.IP/C/W/213
Page 2
Communities, Indigenous Knowledge and Biodiversity, the Chiapas Declaration, other relevant
declarations and statements of Indigenous Forums, as well as Convention 169 of the International
Labour Organization, Agenda 21 and other relevant international conventions,
Recognizing the role that the Internationa l Indigenous Forum on Biodiversity has played
since the third meeting of the Conference of the Parties in addressing the Conference of the Parties on
the implementation of Article 8(j) and related provisions,
Reaffirming the importance of making Article 8(j) and related provisions of the Convention
and provisions of international agreements related to intellectual property rights mutually supportive,
Further noting that there are existing international agreements, intellectual property rights,
current laws and policies that may have influence on the implementation of Article 8(j) and its related
provisions,
Noting also that the methods of implementation of Article 8(j) and related provisions differ
among regions and countries in approach and capacity,
1. Endorses the programme of work as contained in the annex to the present decision,
which shall be subject to periodic review during its implementation;
2. Decides to implement the programme of work giving priority to tasks 1, 2, 4,  5, 8, 9
and 11, as well as 7 and 12, which shall be initiated following completion of tasks 5, 9 and 11;
3. Urges Parties and Governments in collaboration with relevant organizations, subject
to their national legislation, to promote and implement this programme of work, and to integrate the
tasks identified into their ongoing programmes as appropriate to national circumstances, taking intoaccount the identified collaboration opportunities;
4. Requests Parties, Governments and relevant organizations to take full account of
existing instruments, guidelines, codes and other relevant activities in the implementation of the
programme of work;
5. Encourages the participation of indigenous and local communities in the work of the
Ad Hoc Open-ended Working Group on Access and Benefit-sharing on the development of guidelines
and other approaches to ensure the respect, preservation and maintenance of knowledge, innovations
and practices of indigenous and local communities embodying traditional lifestyles relevant for the
conservation and sustainable use of biological diversity;
6. Takes into account the importance of the proposals for action on traditional forest-
related knowledge of the Intergovernmental Panel on Forests/Intergovernmental Forum on Forests as
an important part of this programme of work;
7. Requests Parties, Governments, and international, regional and national organizations
to provide appropriate financial support for the implementation of the programme of work;
8. Requests the Executive Secretary to facilitate the integration of the relevant tasks of
the programme of work in the future elaboration of the thematic programmes of the Convention on
Biological Diversity and provide a report on the pr ogress of the thematic programmes to the Ad Hoc
Open-ended Inter-Sessional Working Group on Article 8(j) and Related Provisions of the Convention
on Biological Diversity;
9. Decides to extend the mandate of the Ad Hoc Open-ended Inter-Sessional Working
Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity to reviewIP/C/W/213
Page 3
progress in the implementation of the priority tasks of its programme of work according to reports
provided by the Executive Secretary, and the Parties to the meeting of the Working Group and
recommend further action on the basis of this review. The Working Group should further explore
ways for increased participation by indigenous and local communities in the thematic programmes of
work of the Convention on Biological Diversity. The Working Group should report to the Conferenceof the Parties at its sixth meeting;
10. Requests Parties, Governments, subsidiary bodies of the Convention, the Executive
Secretary and relevant organizations, including indigenous and local communities, when
implementing the programme of work contained in the annex to the present decision and other
relevant activities under the Convention, to fully incorporate women and women's organizations in the
activities;
11. Invites Parties and Governments to support the participation of the International
Indigenous Forum on Biodiversity, as well as relevant  organizations representing indigenous and local
communities,  in advising the Conference of the Parties on the implementation of Article 8(j) and
related provisions;
12. Urges Parties and Governments and, as appropriate, international organizations, and
organizations representing indigenous and local communities, to facilitate the full and effective
participation of indigenous and local communities in the implementation of the Convention and, to
this end:
(a) Provide opportunities for indigenous and local communities to identify their capacity
needs, with the assistance of Governments and others, if they so require;
(b) Include, in proposals and plans for projects carried out in indigenous and local
communities, funding requirements to build th e communications capacity of indigenous and local
communities to facilitate dissemination and exchange of information on issues  related to traditional
knowledge, innovations and practices;
(c) Provide for sufficient capacity in national institutions to respond to the needs of
indigenous and local communities related to Article 8(j) and related provisions;
(d) Strengthen and build capacity for communication among indigenous and local
communities, and between indigenous and local communities and Governments, at local, national,
regional and international levels, including with the Secretariat of the Convention on Biological
Diversity, with direct participation and responsibility of indigenous and local communities through
their appropriate focal points;
(e) Use other means of communication in addition to the Internet, such as newspapers,
bulletins, and radio, and increasing the use of local languages;
(f) Provide case-studies on methods and approaches that contribute to the preservation of
traditional knowledge, innovations and practices, including through their recording where appropriate,
and that support control and decision-making by indigenous and local communities over the sharing
of such knowledge, innovation and practices;
13. Emphasizes once again the need for case-studies developed in conjunction with
indigenous and local communities requested in paragraphs 10 (b) and 15 of its decision IV/9, to
enable a meaningful assessment of the effectiveness of existing legal and other appropriate forms of
protection for the knowledge, innovations and practices of indigenous and local communities;IP/C/W/213
Page 4
14. Recognizes the potential importance of sui generis  and other appropriate systems for
the protection of traditional knowledge of indigenou s and local communities and the equitable sharing
of benefits arising from its use to meet the provisions of the Convention on Biological Diversity,
taking into account the ongoing work on Article 8(j) and related provisions, and transmits its findings
to the World Trade Organization and the World Intellectual Property Organization, as suggested in
paragraph 6 (b) of recommendation 3 of the Inter-Sessional Meeting on the Operations of the
Convention (UNEP/CB D/COP/5/4, annex);
15. Invites Parties and Governments to exchange information and share experiences
regarding national legislation and other measures for the protection of the knowledge, innovations and
practices of indigenous and local communities;
16. Recognizes that the maintenance of knowledge, innovations, and practices of
indigenous and local communities is dependent on the maintenance of cultural identities and the
material base that sustains them and invites Parties and Governments to take measures to promote the
conservation and maintenance of such identities;
17. Requests Parties to support the development of registers of traditional knowledge,
innovations and practices of indigenous and lo cal communities embodying traditional lifestyles
relevant for the conservation and sustainable use of biological diversity through participatory
programmes and consultations with indigenous and local communities, taking into account
strengthening legislation, customary practices and traditional systems of resource management, suchas the protection of traditional knowledge against unauthorized use;
18. Invites Parties and Governments to increase the participation of representatives of
indigenous and local community organizations in official delegations to meetings held under the
Convention on Biological Diversity;
19. Emphasizes the need for arrangements controlled and determined by indigenous and
local communities, to facilitate cooperation and information exchange among indigenous and local
communities, for the purposes of, inter alia, helping to ensure that such communities are in a position
to make informed decisions on whether or not to co nsent to the release of their knowledge, and, in this
respect:
(a) Requests the Executive Secretary, to fully utilize the clearing-house mechanism, to
cooperate closely with indigenous and local communities to explore ways in which such needs may
best be addressed;
(b) Invites Parties to consider ways and means of providing the necessary resources to
enable the Secretariat to undertake the above-mentioned tasks;20. Further requests Parties and international financial institutions to explore ways of providing
the necessary funding for these activities.IP/C/W/213
Page 5
Annex
PROGRAMME OF WORK ON THE IMPLEMENTATION OF ARTICLE 8(j)
AND RELATED PROVISIONS OF THE CONVENTION ON
BIOLOGICAL DIVERISTY
Objectives
The objective of this programme of work is to promote within the framework of the
Convention a just implementation of Article 8(j) an d related provisions, at local, national, regional
and international levels and to ensure the full and effective participation of indigenous and local
communities at all stages and levels of its implementation.
I.  GENERAL PRINCIPLES
1. Full and effective participation of indigenous and local communities in all stages of the
identification and implementation of the elements of the programme of work. Full and effectiveparticipation of women of indigenous and local communities in all activities of the programme of
work.
2. Traditional knowledge should be valued, given the same respect and considered as useful and
necessary as other forms of knowledge.
3. A holistic approach consistent with the spiritual and cultural values and customary practices
of the indigenous and local communities and their rights to have control over their traditional
knowledge, innovations and practices.
4. The ecosystem approach is a strategy for the integrated management of land, water and living
resources that promotes conservation and sustainable use of biological diversity in an equitable way.
5. Access to traditional knowledge, innovatio ns and practices of indigenous and local
communities should be subject to prior informed cons ent or prior informed approval from the holders
of such knowledge, innovations and practices.
II.  TASKS OF THE FIRST PHASE OF THE PROGRAMME OF WORK
Element 1.  Participatory mechanisms for indigenous and local communities
Task 1.  Parties to take measures to enhance and strengthen the capacity of indigenous and
local communities to be effectively involved in deci sion-making related to the use of their traditional
knowledge, innovations and practices relevant to the conservation and sustainable use of biological
diversity subject to their prior inform ed approval and effective involvement.
Task 2.  Parties to develop appropriate mechanisms, guidelines, legislation or other initiatives
to foster and promote the effective participation of indigenous and local communities in decision-
making, policy planning and development and implementation of the conservation and sustainable use
of biological  diversity at international, regional, subreg ional, national and local levels, including
access and benefit-sharing and the designation and management of protected areas, taking into
account the ecosystem approach.
Task 4.  Parties to develop, as appropriate, mechanisms for promoting the full and effective
participation of indigenous and local communities with specific provisions for the full, active and
effective participation of women in all elements of the programme of work, taking into account the
need to:IP/C/W/213
Page 6
(a) Build on the basis of their knowledge,
(b) Strengthen their access to biological diversity;
(c) Strengthen their capacity on matters pertaining to the conservation, maintenance and
protection of biological diversity;
(d) Promote the exchange of experiences and knowledge;(e) Promote culturally appropriate and gender specific ways in which to document and
preserve women's knowledge of biological diversity.
Element 2.  Status and trends in relation to Article 8(j) and related provisions
Task 5.  The Executive Secretary to prepare, for the next meeting of the Ad Hoc Working
Group, an outline of a composite report on the status and trends regarding the knowledge, innovations
and practices of indigenous and local communities, a plan and a timetable for its preparation, based,
inter alia, on advice submitted by Parties, Governments, indigenous and local communities and other
relevant organizations regarding sources and availability of information on these matters. Parties,
Governments and indigenous and local communities and other relevant organizations to submit the
information and advice to address the requirements of this task and to Parties include in their nationalreports the current state of implementation of Article 8(j).
Element 4.  Equitable sharing of benefits
Task 7.  Based on tasks 1, 2 and 4,  the Working Group to develop guidelines for the
development of mechanisms, legislation or other appropriate initiatives to ensure: (i) that indigenous
and local communities obtain a fair and equitable share of benefits arising from the use and
application of their knowledge, innovations and pr actices; (ii) that private and public institutions
interested in using such knowledge, practices and innovations obtain the prior informed approval of
the indigenous and local communities; (iii) advancement of the identification of the obligations of
countries of origin, as well as Parties and Go vernments where such knowledge, innovations and
practices and the associated genetic resources are used.
Element 5.  Exchange and dissemination of information
Task 8.  Identification of a focal point within the clearing-house mechanism to liaise with
indigenous and local communities.Element 6.  Monitoring elements
Task 9.  The Working Group to develop, in cooperation with indigenous and local
communities, guidelines or recommendations for the conduct of cultural, environmental and social
impact assessments regarding any development proposed to take place on sacred sites and on lands or
waters occupied or used by indigenous and local communities. The guidelines and recommendations
should ensure the participation of indigenous and local communities in the assessment and review.
Element 7.  Legal elements
Task 11.  The Working Group to assess existing subnational, as appropriate, national and
international instruments, particularly intellectual property rights instruments, that may have
implications on the protection of the knowledge, innovations and practices of indigenous and localIP/C/W/213
Page 7
communities with a view to identifying synergies between these instruments and the objectives of
Article 8(j).
Task 12.  The Working Group to  develop guidelines that will assist Parties and Governments
in the development of legislation or other mechanisms, as appropriate,  to implement Article 8(j) and
its related provisions (which could include sui generis systems), and definitions of relevant key terms
and concepts in Article 8(j) and related provisions at international, regional and national levels, that
recognize, safeguard and fully guarantee the rights of indigenous and local communities over their
traditional knowledge, innovations and practi ces, within the context of the Convention.
III.  TASKS OF THE SECOND PHASE OF THE PROGRAMME OF WORK
Element 1.  Participatory mechanisms for indigenous and local communities
Task 3.  On the request of the Executive Secretary, Parties and Governments, with the full
participation of indigenous and local communities, would establish a roster of experts based on the
methodologies used by the Conference of Parties, to allow the experts to support the implementationof this programme of work.
Element 3.  Traditional cultural practices for conservation and sustainable use
Task 6.  The Ad Hoc Working Group to develop guidelines for the respect, preservation and
maintenance of traditional knowledge, innovations and practices and their wider application in
accordance with Article 8(j).
Task 13.  The Ad Hoc Working Group to develop a set of guiding principles and standards to
strengthen the use of traditional knowledge and other forms of knowledge for the conservation and
sustainable use of biological diversity, taking into account the role that traditional knowledge can play
with respect to the ecosystem approach, in situ conservation, taxonomy, biodiversity monitoring and
environmental impact assessments in all biodiversity sectors.
Task 14.  The Ad Hoc Working Group to develop guidelines and proposals for the
establishment of national incentive schemes for indigenous and local communities to preserve and
maintain their traditional knowledge, innovations and practices and for the application of suchknowledge, innovations and practices in national strategies and programmes for the conservation and
sustainable use of biological diversity.
Task 15.  The Ad Hoc Working Group to develop guidelines that would facilitate repatriation
of information, including cultural property, in accordance with Article 17, paragraph 2, of the
Convention on Biological Diversity in order to facilitate the recovery of traditional knowledge of
biological diversity.
Element 5.  Exchange and dissemination of information
Task 16.  The Executive Secretary to identify, compile and analyse, with the participation of
indigenous and local communities, existing and customary codes of ethical conduct to guide the
development of models for codes of ethical conduct for research, access to, use, exchange and
management of information concerning traditional knowledge, innovations and practices for the
conservation and sustainable use of biological diversity.
Element 6.  Monitoring elements
Task 10.  The Ad Hoc Working Group to develop standards and guidelines for the reporting
and prevention of unlawful appropriation of traditional knowledge and related genetic resources.IP/C/W/213
Page 8
Task 17.  The Executive Secretary to develop, in cooperation with Governments and
indigenous and local communities, methods and criteria to assist in assessing the implementation of
Article 8(j) and related provisions at the international, regional, national and local levels, and
reporting of such in national reports in conformity with Article 26.
IV.  WAYS AND MEANS
In developing and implementing the programme of work, the Executive Secretary shall solicit
information from Parties, Governments, indigenous and local communities and other relevant
organizations, and consult with the liaison group on Article 8(j) and related provisions.
The Executive Secretary to develop, in consultation with indigenous and local communities,
Parties, Governments, and relevant international organizations, a questionnaire, as a basis for the
provision of information concerning: (i) existing instruments and activities relevant to the tasks of the
programme of work; (ii) gaps and needs concerning the guidelines referred to in task 6 above; and (iii)
priorities for the further development of the programme of work.
The Executive Secretary to consult with and invite relevant international organizations to
contribute to the implementation of this programme of work, also with a view to avoiding duplication
and to encouraging synergies.
This programme of work shall, as relevant, take into account the work of the Ad Hoc Open-
ended Working Group on Access and Benefit-sharing, and, as far as possible, be carried out in
collaboration with other relevant organizations, including the World Intellectual Property
Organization (WIPO).
Parties, Governments, and international, regional and national organizations to provide
appropriate financial support for the implementation of the programme of work.IP/C/W/213
Page 9
DECISION V/26 ON ACCESS TO GENETIC RESOURCES
A.  Access and benefit-sharing arrangements
The Conference of the Parties
1. Requests Parties to designate a national focal point and one or more competent
national authorities, as appropriate, to be responsible for access and benefit-sharing arrangements or
to provide information on such arrangements within its jurisdiction;
2. Requests Parties to notify the Executive Secretary of the names and addresses of its
focal points and competent authorities;
3. Urges Parties to ensure that national biodiversity strategies as well as legislative,
administrative or policy measures on access and benefit-sharing contribute to conservation and
sustainable-use objectives;
4. Recognizing the importance for Parties to promote trust-building and transparency in
order to facilitate the exchange of genetic resource s, particularly with regard to the implementation of
Article 15 of the Convention:
(a) Urges Parties to pay particular attention to their obligations under Articles 15, 16 and
19 of the Convention, and requests them to report to the Conference of the Parties on the measures
they have taken to this effect;
(b) Notes that legislative, administrative or policy measures for access and benefit-
sharing need to promote flexibility, while recogniz ing the need for sufficient regulation of access to
genetic resources to promote the objectives of the Convention;
(c) Notes that all countries are providers and recipients of genetic resources, and urges
recipient countries to adopt, appropriate to national circumstances, legislative, administrative or
policy measures consistent with the objectives of the Convention that are supportive of efforts made
by provider countries to ensure that access to their genetic resources for scientific, commercial and
other uses, and associated knowledge, innovations  and practices of indigenous and local communities
embodying traditional lifestyles relevant to the conservation and sustainable use of biological
diversity, as appropriate, is subject to Articles 15, 16 and 19 of the Convention, unless otherwisedetermined by that provider country;
(d) Recognizing the complexity of this issue, with particular consideration of the
multiplicity of prior informed consent considerations, invites Parties to cooperate further to find
practical and equitable solutions to this issue;
5. Notes that the promotion of a comprehensive legal and administrative system may
facilitate access to and use of genetic resources and contribute to mutually agreed terms in line with
the aims of the Convention;
6. Notes that, in the absence of comprehensive legislation and national strategies for
access and benefit-sharing, voluntary measures, including guidelines, may help ensure realization of
the objectives of the Convention, and to that end invites the Parties to consider promotion of their use;IP/C/W/213
Page 10
7. Stresses that it is important that, in developing national legislation on access, Parties
take into account and allow for the development of a multilateral system to facilitate access and
benefit-sharing in the context of the International Undertaking on Plant Genetic Resources, which is
currently being revised;
8. Notes the report of the Chairman of the Commission on Genetic Resources for Food
and Agriculture of the Food and Agriculture Organization of the United Nations
(UNEP/CBD/COP/5/INF/12) and urges the Commission to finalize its work as soon as possible.  The
International Undertaking is envisaged to play a cr ucial role in the implementation of the Convention
on Biological Diversity. The Conference of the Parties affirms its willingness to consider a decision
by the Conference of the Food and Agriculture Organization of the United Nations that theInternational Undertaking become a legally binding instrument with strong links to both the Food andAgriculture Organization of the United Nations a nd the Convention on Biological Diversity, and calls
upon Parties to coordinate their positions in both forums;
9. Notes the common understandings of the Panel of Experts on Access and Benefit-
sharing with respect to prior informed consent and mutually agreed terms as contained in paragraphs
156 to 165 of its report (UNEP/CBD/COP/5/8);
10. Decides to reconvene the Panel of Experts on Access and Benefit-sharing with a
concrete mandate and agenda. The Panel will conduct further work on outstanding issues from its first
meeting, especially:
(a) Assessment of user and provider experience in access to genetic resources and
benefit-sharing and study of complementary options;
(b) Identification of approaches to involvement of stakeholders in access to genetic
resources and benefit-sharing processes;
and will include additional expertise. The Panel will submit its report to the Ad Hoc Open-ended
Working Group on Access and Benefit-sharing referred to in paragraph 11 below;
11. Decides to establish an Ad Hoc Open-ended Working Group, composed of
representatives, including experts, nominated by Governments and regional economic integration
organizations, with the mandate to develop guidelines and other approaches for submission to the
Conference of the Parties and to assist Parties and stakeholders in addressing the following elements
as relevant to access to genetic resources and be nefit-sharing, inter alia: terms for prior informed
consent and mutually agreed terms; roles, responsibilities and participation of stakeholders; relevant
aspects relating to in situ and ex situ  conservation and sustainable use; mechanisms for benefit-
sharing, for example through technology transfer and joint research and development; and means to
ensure the respect, preservation and maintenance of knowledge, innovations and practices of
indigenous and local communities embodying traditional lifestyles relevant for the conservation and
sustainable use of biological diversity, taking into account, inter alia, work by the World Intellectual
Property Organization on intellectual property rights issues.
The above-mentioned elements should, in particular, serve as inputs when developing and
drafting:
(a) Legislative, administrative or policy measures on access and benefit-sharing; and(b) Contracts or other arrangements under mutually agreed terms for access and benefit-
sharing.IP/C/W/213
Page 11
The results of the deliberations of the Working Group, including draft guidelines and other
approaches, shall be submitted for consideration by the Conference of the Parties at its sixth meeting.
The work of the Working Group shall take into account the reports of the Panel of Experts on
Access and Benefit-sharing and other relevant information.
The Working Group will be open to the participation of indigenous and local communities,
non-governmental organizations, industry and scientific and academic institutions, as well as
intergovernmental organizations.
The Working Group shall maintain communication and exchange of information with the
Working Group on Article 8(j) and Related Provisi ons of the Convention on Biological Diversity.
In order to build capacity for access and benefit-sharing, the Open-ended Working Group
shall consider issues of capacity-building, including those needs identified in paragraphs 14 (a), (b),
(c) and (d) below;
12. Notes that information is a critical aspect of providing the necessary parity of
bargaining power for stakeholders in access and benefit-sharing arrangements, and that, in this
respect, there is a particular need for more information regarding:
(a) User institutions;(b) The market for genetic resources;(c) Non-monetary benefits;
(d) New and emerging mechanisms for benefit-sharing;
(e) Incentive measures;(f) Clarification of definitions;(g) Sui generis systems; and
(h) "Intermediaries";13. Requests the Executive Secretary to compile the information referred to in
paragraph 12 above and disseminate it through the clearing-house mechanism and relevant meetings,
and requests Parties and organizations to provide such information to assist the Executive Secretary;
14. Notes that further development of capacities regarding all aspects of access and
benefit-sharing arrangements is required for all stakeholders, including local governments, academic
institutions, and indigenous and local communities, and that key capacity-building needs include:
(a) Assessment and inventory of biological resources as well as information
management;
(b) Contract negotiation skills;(c) Legal drafting skills for development of access and benefit-sharing measures;(d) Means for the protection of traditional knowledge associated with genetic resources;IP/C/W/213
Page 12
15. Noting that the Panel of Experts on Access and Benefit-sharing was not able to come
to any conclusions about the role of intellectual pr operty rights in the implementation of access and
benefit-sharing arrangements, and that the Panel developed a list of specific issues that require further
study (UNEP/CB D/COP/5/8, paras. 127-138):
(a) Invites Parties and relevant organizations to submit to the Executive Secretary
information on these issues by 31 December 2000;
(b) Requests the Executive Secretary, on the basis of these submissions and other
relevant material, to make available for the second meeting of the Panel, or the first meeting of the Ad
Hoc Open-ended Working Group, a report on these specific issues;
(c) Recalls recommendation 3 of the Inter-Sessional Meeting on the Operations of the
Convention, and requests the Executive Secretary to prepare his report in consultation with, inter alia ,
the Secretariat of the World Intellectual Property Organization;
(d) Invites relevant international organizations, including the World Intellectual Property
Organization, to analyse issues of intellectual property rights as they relate to access to genetic
resources and benefit-sharing, including the provision of information on the origin of genetic
resources, if known, when submitting applications for intellectual property rights, including patents;
(e) Requests relevant international organizations, for example, the World Intellectual
Property Organization and the International Union for the Protection of New Varieties of Plants, in
their work on intellectual property rights issues, to take due account of relevant provisions of the
Convention on Biological Diversity, including th e impact of intellectual property rights on the
conservation and sustainable use of biological diversity, and in particular the value of knowledge,
innovations and practices of indigenous and lo cal communities embodying traditional lifestyles
relevant for the conservation and sustainable use of biological diversity;
(f) Requests the Executive Secretary to explore experience and possibilities for
synergistic interactions resulting from collaboration in research, joint development and the transfer of
technology following access to genetic resources.
B. The relationship between intellectual property rights and the relevant provisions of
the Agreement on Trade-related Aspects of Intellectual Property Rights and the
Convention on Biological Diversity
The Conference of the Parties,
Noting recommendation 3 of the Inter-Sessional Meeting on the Operations of the
Convention, concerning the relationship between intellectual property rights and the relevant
provisions of the Agreement on Trade-related Aspects of Intellectual Property Rights and the
Convention,
1. Reaffirms the importance of systems such as sui generis  and others for the protection
of traditional knowledge of indigenous and local communities and the equitable sharing of benefits
arising from its use to meet the provisions of the Convention, taking into account the ongoing work on
Article 8(j) and related provisions;
2. Invites the World Trade Organization to acknowledge relevant provisions of the
Convention and to take into account the fact that the provisions of the Agreement on Trade-related
Aspects of Intellectual Property Rights and the C onvention on Biological Diversity are interrelated
and to further explore this interrelationship;IP/C/W/213
Page 13
3. Requests the Executive Secretary to transmit the present decision to the secretariats of
the World Trade Organization and the World Intellectual Property Organization, for use by
appropriate bodies of these organizations, and to endeavour to undertake further cooperation and
consultation with these organizations;
4. Renews its request to the Executive Secretary of the Convention to apply for observer
status on the Council for the Trade-related Aspects of Intellectual Property Rights, and requests him
to report back to the Conference of the Parties on his efforts.
C. Ex situ collections acquired prior to the entry into force of the Convention and not
addressed by the Commission on Genetic Resources for Food and Agriculture
The Conference of the Parties
1. Decides to continue the information-gathering exercise on ex situ  collections acquired
prior to the entry into force of the Convention and not addressed by the Commission on Genetic
Resources for Food and Agriculture of the Food a nd Agriculture Organization of the United Nations
initiated by decision IV/8;
2. Requests the Executive Secretary to gather available information of the type
described in the annexes to the present decision, as appropriate, from Parties, Governments and
relevant organizations and forums through questionnaires;
3. Invites relevant organizations and forums already involved in consideration of these
issues to provide this information to the Executive Secretary;
4. Invites Parties, Governments and other organizations to provide capacity-building
and technology development and transfer for the maintenance and utilization of ex situ collections;
5. Requests the Executive Secretary to report to the Conference of the Parties at its sixth
meeting on the implementation of the present decision.
Annex I
ELEMENTS FOR A QUESTIONNAIRE ON EX SITU COLLECTIONS
A questionnaire to solicit the relevant information may contain the following elements:
1. Number, types and status, including legal status and institutional links, of relevant collections;2. Approximate number of accessions acquired prior to the entry into force of, or not in
accordance with, the Convention on Biological Diversity (<100; >100; >1000; other);
3. Whether the following information is likely to be available: country of origin; name of
depositor; date of deposit; terms of access under which the material is available (All available; Some
available; None available);
4. Any relevant policies regarding collections that are not addressed by the FAO Commission on
Genetic Resources for Food and Agriculture, where ap propriate, in particular those addressing the
issue of access to the relevant collections, including matters relating to repatriation of information and
repatriation of duplicates of germplasm collections;
5. Information regarding the number of requests for information and the exchange of
germplasm;IP/C/W/213
Page 14
6. Details of the benefits from shared germplasm and information on costs of maintaining such
collections;
7. Any other relevant information.
Annex II
QUESTIONNAIRE ON EX SITU COLLECTIONS
Objective
To inform consideration of the implementation of the Convention on Biological Diversity by ex situ
collections.1. Information on collections
Number of accessions
Pre-Convention on Biological
DiversityPost-Convention on Biological
Diversity
Public Private Public Private
PLANT GENETICRESOURCESseed gene banks:
field collections:
(e.g. botanic gardens and
arboreta)
other:(e.g. DNA, pollen in cold
storage, tissue cultures, herbaria)
ANIMAL GENETIC
RESOURCES
Whole animal collections:
(e.g. zoological gardens; rarebreed collections)
other:
(e.g. DNA, semen, ova in cold
storage)
MICROBIAL GENETIC
RESOURCESculture collections:
other:IP/C/W/213
Page 15
2. Information on pre-Convention on Biological Diversity collections
(Information to be differentiated between plant genetic resources, animal genetic resources and
microbial genetic resources.)
Is information
available on:For all
accessionsFor most
accessionsFor some
accessionsFor few accessionsFor no
accessions
country of origin
name of depositor
date of deposit
user institution/
country
3. Conditions/restrictions on access and use
(Information to be differentiated between plant genetic resources, animal genetic resources and
microbial genetic resources.)
(a) Description of the main conditions/restrictions (including those contained in national
law, those set by the collections themselves and those set by depositors) on access to and use of
genetic resources identified separately, if appropriate, for pre-Convention on Biological Diversity and
post-Convention on Biological Diversity material.
(b) What limitations, if any (legal or practical), are there on applying the provisions of
the Convention on Biological Diversity to the su pply of pre-Convention on Biological Diversity
materials for collections in your country?
4. Use of collections
(Information to be differentiated between plant genetic resources, animal genetic resources and
microbial genetic resources.)
Information on the number of requests for genetic resources and for information differentiated
by type of collection (public/private) and by the source of the request (national/foreign;
public/private).
5. Additional information
(Information to be differentiated between plant genetic resources, animal genetic resources and
microbial genetic resources.)
Any additional relevant information on other key characteristics of collections, for example:
• Focus on medicinal plants, certain families/genera/species, emphasis on economic
importance, certain ecosystems (e.g. drylands);
• Whether the accessions are duplicated elsewhere (for conservation purposes and to
determine the genetic diversity of collections world-wide).
__________