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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.

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Distinctive signs, biodiversity derived products and protection of traditional knowledge

Geographical indications (GI) are signs that identify goods as originating in a specific locality, region or territory, an origin that confers upon them a noted quality, reputation or characteristic. From a global perspective, GI is a broad collective umbrella denomination for distinctive signs linking products with their source, and includes subcategories of trademarks (collective and certification trademarks) as well as several sui generis forms of protection. Among the sui generis subcategories, the most widely known are protected geographical indications (hereafter PGI) and protected denominations of origin (hereafter PDO).194 In addition to the mentioned ‘positive’ forms of protection, GI protection is also pursued through the doctrine of unfair competition and passing off, as well as through administrative schemes for protection,195 which are considered as ‘preventive’ or ‘passive’ forms of protection.

English

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