The interface between TRIPS and CBD: efforts towards harmonisation

Lekha Kunju Pillai Laxman · Abdul Haseeb Ansari

15 citations0/0 files storedJournal of International Trade Law and Policy

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Intellectual Property Law International Maritime Law Issues International Environmental Law and Policies

Abstract

Purpose The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order to prevent the rapid loss of biodiversity despite the diverse interests of nations. Design/methodology/approach Within the framework of sustainability, this paper adopts a socio‐legal approach by undertaking a content analysis of the relevant treaties and juristic writings that sheds light on the existing matrix of interaction between the two legal instruments. Findings The findings reveal that there is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the people's freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to development is required, i.e. an all‐encompassing functional relation amalgamating distinct development concerns in relevant spheres, especially in economic matters. Practical implications The paper explores the changes that need to be incorporated in the TRIPS and CBD in order to develop an appropriate normative framework with regards to property in genetic material. Social implications The research provides amicable solutions that can be explored particularly by the providers of genetic resources, in order to overcome the monumental challenges during the joint implementation of TRIPS and the CBD. Originality/value The comprehensive review undertaken in this paper enables the stakeholders to explore measures that enable sustainable development without jeopardizing Earth's biodiversity.

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References

2007The Economics of Climate Change 2017Neocolonialism, Anticommons Property, and Biopiracy in the (Not-So-Brave) New World Order of International Intellectual Property Protection 2001Access to genetic resources and protection of traditional knowledge in the territories of indigenous peoples 2003Protecting Traditional Knowledge and Folklore 2007Harmonization Without Consensus: Critical Reflections on Drafting a Substantive Patent Law Treaty 2009Politics of Intellectual Property 2006Protecting Traditional Knowledge: Pathways to the Future 1999Biodiversity and intellectual property rights: Can the two co‐exist?

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