In the area of the intellectual property, the development of the negotiations of the Free Trade Agreement has implied to involve several aspects related to the biodiversity and is the first time that in a Free Trade Agreement, the Andean countries put on the table a biodiversity proposal, without a doubt he is novel, but it is questioned if this it is the propitious scene to discuss this subject or if on the contrary the suitable space more for its discussion is the Agreement on Biological Diversity. For that reason, in this conference the problematic one will be analyzed within the framework related to the biodiversity of the Free Trade Agreement, its impacts and repercussions in the aspects related to the traditional knowledge, the patentability of plants and animals, among others. The proposal of biodiversity presented by the Andean countries will study, the remission of the proposal which they will make the United States to the World-wide Organization of Commerce, in he himself order of ideas the related thing to the opinion of the ethnic groups will be approached and the board of negotiation of the Treaty will be observed, for this way finalizing with the analysis of the constitutionality or not of the Treaty.