Intellectual property rights

Current discussions over the “Certificate of Origin, Source and Legal Provenance” include the legal and practical implications associated with tracking the flow of genetic resources. Knowing what is where, how it got there, and whether conditions and restrictions were complied with, is a critical aspect if an ABS regime is to be effective in its implementation. This book provides insights into options and components for the development of a national/international system for the tracking and monitoring of genetic resources to ensure compliance with the ABS provisions of the CBD.

There is an urgent need for concrete steps to foster the mutual supportiveness of the objectives embodied in the Convention on Biological Diversity and multilateral trade rules under the World Trade Organization. Intellectual property is one area of debate where such efforts could be undertaken. More specifically, the question of including requirements to disclose the origin or legal provenance of genetic resources and traditional knowledge into intellectual property rights applications has begun to surface in national, regional and international discussions and negotiations.

Este estudio se centra en cómo alcanzar un marco jurídico que adecuado a las realidades de cada país, contribuya a la distribución justa y equitativa de los beneficios que se obtienen de la utilización de los recursos genéticos, provenientes de las selvas tropicales y del conocimiento tradicional de los pueblos indígenas. Se basa en la tesis presentada por la autora, para optar por el grado de Doctora en Derecho Ambiental, Universidad de Alicante, España.

The aims of the workshop were to enhance individual and institutional capacity to : address the environmental aspects of trade issues that will arise as a result of China’s WTO membership; participate in WTO negotiations and develop proactive positions in the WTO; implement the Convention on Biological Diversity and the Cartagena Protocol on Biosafety, and improve the implementation of CITES; and increase local and national support for the integration of trade, biodiversity conservation and sustainable development.

This primer was developed to increase the knowledge about biodiversity prospecting and its implications and was conceptualised after repeated requests from groups working in southern Africa on these difficult issues.

Part I looks at community issues and Part II looks at the broad framework of policy and legislation intended to advance farmers' and breeders' rights at both national and international level. The summary provides recommendations, as well as action plans and strategies for the implementation of the international instruments.