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The Convention on Biological Diversity and the Nagoya Protocol: Intellectual Property Implications

A Handbook on the Interface Between Global Access and Benefit Sharing Rules and Intellectual Property

image of The Convention on Biological Diversity and the Nagoya Protocol: Intellectual Property Implications
The Convention on Biological Diversity and the Nagoya Protocol: Intellectual Property Implications addresses how the global rules on access and benefit sharing (ABS) of genetic resources and associated TK should work in tandem with an area that is mentioned minimally in the 2010 Nagoya Protocol, i.e., IP. Specifically, this handbook is designed to show the complexity of relevant IP policies that have an impact on various aspects of the Convention on Biological Diversity (CBD) and the Protocol, particularly from the provider country perspective. It is all too easy and simplistic to see IP as a stream of cash rents that derive from certain granted exclusive rights that could potentially be shared as benefits. The view of IP is necessarily much broader, examining when it is (and when it is not) appropriate to grant such rights, how the application process can generate important information that could assist in the implementation of the ABS rules, when such rights are subject to important exceptions and limitations on policy grounds, and when traditional IP instruments such as patents may not make much sense for protecting certain intellectual or creative endeavours.

English

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Introduction

The conservation of biological diversity (hereafter biodiversity)1 and the ability to continue to use biological resources sustainably are amongst the most pressing issues that the world currently faces. Balancing the protection of ecosystems, which involve a plethora of animal, plant and microbial species, with sustainable development objectives demands a systematic response at the international, regional, national and sub-national levels by a myriad of actors. The effective preservation of biodiversity cannot be met through environmental protection laws alone. A critical problem is one of incoherence – i.e., the situation where laws, policies and regulations designed to protect biodiversity and to encourage its sustainable use and development are not established in a consistent and mutually supportive manner with laws, policies and regulations in other domains, such as industrial policy or intellectual property (IP), that have an impact on biodiversity.

English

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