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The Incorporation Of The Cbd Mandate On Access And Benefit Sharing Into Trips Regime
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Book Synopsis The Incorporation of the CBD Mandate on Access and Benefit-Sharing Into TRIPS Regime by : Kuei-Jung Ni
Download or read book The Incorporation of the CBD Mandate on Access and Benefit-Sharing Into TRIPS Regime written by Kuei-Jung Ni and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is clear that most valuable genetic resources are located in developing countries. The value, academically and from a business perspective, has been luring biological researchers and bio-technologically advanced companies to conduct bio-prospecting activities in these areas. The patents resulting from this illegal bio-piracy are then granted in developed nations. The recent national implementation of the CBD by imposing a relatively restrictive policy on access and benefit-sharing of genetic resources may correct this unjust situation. But, the CBD is a conservation treaty, and by its very nature, cannot govern the national IPR system of countries that are not contracting parties to the treaty. Developing countries thus endeavor to play a very aggressive role in pushing for the revision of the WTO/TRIPS with a view to accommodating the CBD requirements. The approach is not welcomed by patent powerful Members, such as the United States. This article will examine whether appeal would be fair and just in the TRIPS context and how the WTO should address the issue. The article proposes that the proposal partially departs from the integrity of the patent system. For the sake of balancing rights and obligations, a new concept for the conditioning of the grant of patents on disclosure of the CBD elements deserves the careful contemplation of the international community. Even if the approach were not entirely adopted and thus not mandatory for all WTO members, this article suggests that it should discretionary for all members. Hence, the policy of linking the CBD to national patent systems should not be challenged at the WTO by countries that disfavor the appeal.
Book Synopsis An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing by : Thomas Greiber
Download or read book An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing written by Thomas Greiber and published by IUCN. This book was released on 2012 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Beyond Access by : Morten Walløe Tvedt
Download or read book Beyond Access written by Morten Walløe Tvedt and published by IUCN. This book was released on 2007 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fewer than 11% of CBD Parties have adopted substantive ABS law, and nearly all of these are developing countries, focusing almost entirely on the 'access' side of the equation. Most of the CBD's specific ABS obligations, however, relate to the other side of the equation-benefit sharing. This book considers the full range of ABS obligations, and how existing tools in user countries' national law can be used to achieve the CBD's third objective. It examines the laws of those user countries which have either declared that their ABS obligations are satisfied by existing national law, or have begun legislative development; the requirements, weaknesses and gaps in achieving benefit-sharing objectives; and the ways in which new or existing legal tools can be applied to these requirements.
Book Synopsis The Marine Environment and United Nations Sustainable Development Goal 14 by : Myron H. Nordquist
Download or read book The Marine Environment and United Nations Sustainable Development Goal 14 written by Myron H. Nordquist and published by BRILL. This book was released on 2018-10-25 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Marine Environment and United Nations Sustainable Development Goal 14, leading marine experts assess the scope, achievements, and limitations of UN SDG 14 for the conservation and sustainable use of marine resources.
Book Synopsis Accessing Biodiversity and Sharing the Benefits by : Santiago Carrizosa
Download or read book Accessing Biodiversity and Sharing the Benefits written by Santiago Carrizosa and published by IUCN. This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.
Book Synopsis The WTO and the Environment by : James Watson
Download or read book The WTO and the Environment written by James Watson and published by Routledge. This book was released on 2013-05-20 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO’s interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.
Book Synopsis Implementing the Nagoya Protocol by : Brendan Coolsaet
Download or read book Implementing the Nagoya Protocol written by Brendan Coolsaet and published by Hotei Publishing. This book was released on 2015-04-21 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity in 2010 is a major landmark for the global governance of genetic resources and traditional knowledge. The way in which it will be translated into practice will however depend on the concrete implementation in national country legislation across the world. Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU. Gathering some of the most professional and widely acclaimed experts in ABS issues, this book takes a major step towards filling a gap in the vast body of literature on national and regional implementation of global commitments regarding ABS and traditional knowledge.
Book Synopsis The TRIPS Agreement, Sustainable Development and the Public Interest by : Simon Walker
Download or read book The TRIPS Agreement, Sustainable Development and the Public Interest written by Simon Walker and published by IUCN. This book was released on 2001 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.
Book Synopsis Addressing the Problems of Access by : Jorge Cabrera Medaglia
Download or read book Addressing the Problems of Access written by Jorge Cabrera Medaglia and published by IUCN. This book was released on 2007 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the Problems of Access provides a systematic analysis of the requirements of access law, both the CBD requirements and the basic requirements of enforceable legislation. Often key legal issues that have a significant impact on enforceability of ABS agreements are not addressed in national legislation, therefore, this book addresses these issues with the aim to recognize and understand the nature of the legal impediments that must be addressed for the drafting of functional ABS legislation. Although the book is premised on the issues of access, it inevitably refers to corresponding issues of benefit sharing that are relevant for articulating the legal principles that inform a functional ABS system. Its conclusions look at particular legal concepts that, if accepted, could form the basis for functional ABS systems that respond to the identified concerns.
Book Synopsis Contracting for ABS by : Shakeel Bhatti
Download or read book Contracting for ABS written by Shakeel Bhatti and published by IUCN. This book was released on 2009 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts relating to scientific/technical development are effective only where they are enforceable or valid under relevant law, can be practically implemented by the parties, and address matters arising from the relevant scientific/technical issues and practices. Negotiators are often hampered by their lack of knowledge of contract law and of the biotechnological techniques used to derive new molecules and genes or genetic or biochemical formulas from biological samples. This lack of knowledge means they may not make the best choices. This book examines the special issues in applying contract law to the rights to take and utilize genetic resources; and the scientific issues and the manner in which they affect the negotiation of ABS agreements.
Book Synopsis Global Issues in Environmental Law by : Stephen C. McCaffrey
Download or read book Global Issues in Environmental Law written by Stephen C. McCaffrey and published by West Academic Publishing. This book was released on 2009 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to facilitate the introduction of international and comparative legal issues into the basic environmental law course, but could also be used in a seminar on the subject. It covers constitutional protection of the environment; the precautionary principle; intergenerational equity; international and comparative approaches to the regulation of air, water, and toxic substance pollution; global climate change; wildlife and biodiversity preservation; the law of the sea; and management of oceans and coastal areas. Once introduced to the challenges of effectively addressing environmental problems, students can easily appreciate the value of concerted international efforts to address those challenges.
Book Synopsis Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions by : World Intellectual Property Organization
Download or read book Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-07-08 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.
Book Synopsis Biodiversity and Traditional Knowledge by : Sarah A. Laird
Download or read book Biodiversity and Traditional Knowledge written by Sarah A. Laird and published by Routledge. This book was released on 2010-09-23 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity research and prospecting are long-standing activities taking place in a new legal and ethical environment. Following entry into force of the Convention on Biological Diversity in 1993, and other recent policy developments, expectations and obligations for research and prospecting partnerships have changed. However, to date there are few guides to integrating these concepts with practice. This book offers practical guidance on how to arrive at equitable biodiversity research and prospecting partnerships. Drawing on experience and lessons learned from around the world, it provides case studies, analysis and recommendations in a range of areas that together form a new framework for creating equity in these partnerships. They include researcher codes of ethics, institutional policies, community research agreements, the design of more effective commercial partnerships and biodiversity prospecting contracts, the drafting and implementation of national 'access and benefit-sharing' laws, and institutional tools for the distribution of financial benefits. As part of the People and Plants initiative to enhance the role of communities in efforts to conserve biodiversity and use natural resources sustainably, Biodiversity and Traditional Knowledge will be invaluable to students, researchers and local communities, academic institutions, international agencies, government bodies and companies involved in biodiversity research, prospecting and conservation.
Book Synopsis Assessing the International Forest Regime by : Richard Tarasofsky
Download or read book Assessing the International Forest Regime written by Richard Tarasofsky and published by IUCN. This book was released on 1999 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an assessment of the international forest regime, in reponse to calls from many quarters, including the UN Intergovernmental Forum on Forests (IFF) and the World Commission on Forests and Sustainable Development, as well as several NGOs. The focus is mainly on action taken by countries at the global level, in the framework of legally binding instruments and institutions. It builds on previous analyses of the international forest regime by looking beyond the legal mandates to begin exploring the actual performance of the components against their mandates. With the Intergovernmental Panel on Forests (IPF) Proposals for Action as the point for departure, the effectiveness and impact of individual legal instruments and global instutions are analyzed, as is the potential for synergy between them.
Book Synopsis Protecting Biological Diversity by : Carmen Richerzhagen
Download or read book Protecting Biological Diversity written by Carmen Richerzhagen and published by Routledge. This book was released on 2013-04-15 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last ten years the enormous global loss of biodiversity has received remarkable attention. Among the numerous approaches undertaken to stop or lessen this process, access and benefit-sharing (ABS), a market-based approach, has emerged as among the most prominent. In theory, ABS turns biodiversity and genetic resources from an open access good to a private good and creates a market for genetic resources. It internalizes the resources’ positive externalities by pricing the commercial values for research and development and makes users pay for it. Users’ benefits are shared with the resource holders and set incentives for the sustainable use and the conservation of biodiversity. Carmen Richerzhagen, however, finds that in practice there are significant questions about the effectiveness of the approach in the protection of biodiversity and about the fair and equitable sharing of benefits arising from the commercialization. Utilizing the empirical findings of three case studies of biodiversity-providing countries - Costa Rica, the Philippines and Ethiopia - and one case study of a community of user countries, the European Union (EU), Richerzhagen examines the effectiveness of ABS through the realization of its own objectives.
Book Synopsis The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property by : Jonathan Curci
Download or read book The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property written by Jonathan Curci and published by Cambridge University Press. This book was released on 2010 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
Book Synopsis Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by : World Intellectual Property Organization
Download or read book Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade written by World Intellectual Property Organization and published by WIPO. This book was released on 2013 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
