Paragraph 12 of the draft Interlaken Declaration

On the matter of the draft Interlaken Declaration, several options for a change in the text of Paragraph 12 were provided.


Paragraph 12 states:
12. We recognize that access to, and the sharing of both, genetic resources and technologies, are essential for meeting world food security and the needs of the growing world population, and must be facilitated. Access to and transfer of technology, including that protected by intellectual property rights, to developing countries, in particular least developed countries, and countries with economies in transition, shall be provided and/or facilitated under fair and most favourable terms, in particular in the case of technologies for use in conservation as well as technologies for the benefit of farmers, pastoralists and animal breeders in developing countries, especially in least developed countries, and countries with economies in transition, including on concessional and preferential terms where mutually agreed, inter alia, through partnerships in research and development. Such access and transfer shall be provided on terms that recognize and are consistent with the adequate and effective protection of intellectual property rights.


The clarity of the paragraph is being questioned, since it appears to be an extract of Article 16.2 of the Convention on Biological Diversity (CBD). Article 16 of the CBD is on Access to and Transfer of Technology, of which reference to intellectual property rights are indicated on paragraph 2 and 5. Interpreting Article 16.2 into the Interlaken Declaration might cause misinterpretation of the paragraph – this might be interpreted as requiring all countries to grant patents on animals, but which under the TRIPS Agreement, excludes patentability of animals.