Protection of Traditional Knowledge under TRIPS in the WTO

There is significant pressure to integrate traditional knowledge and the related issue of biodiversity protection in the WTO set of rules. Though this paper examines the possible contexts of such a right integrating a full sui generis right in TRIPS or otherwise. Rather, the best option for holders of traditional knowledge protection in the Doha negotiations may be to seek to legitimize their concerns in the form of a Declaration on Traditional Knowledge and Trade, which may have the effect of making official certain interpretations of the TRIPS Agreement and pave the way for a second stage of negotiations, during which positive obligations could be discussed in the form of a legal text. Meantime, work will no doubt continue at the WIPO and more countries will experiment possible legal mechanisms.