TRIPS and the Biodiversity Convention: what conflict?

As many feel that the protection of the environment is more important than trade, it is argued that the CBD should have precedence and that accordingly, TRIPS should be amended.

The object of this paper is to consider this position, and to show it is wrong. It is ICC's position that both the CBD and TRIPS are important international conventions, equally binding on their numerous signatories. They deal with different topics. They are fully consistent with each other and must both be fully implemented by their signatories.

The CBD and the WTO TRIPS Agreement were both concluded quite recently. They have both been ratified by an overwhelming numerical majority of United Nations members (though with the significant exception, in the case of the CBD, of the USA). On the face of it, therefore, it seems unlikely that there should be significant conflicts between them.