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Consultative Opinion on the Compatibility between Certain Provisions of the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property Rights as to the Protection of Traditional Knowledge

Country/Territory
International
Type of court
Others
Date
Nov 19, 2003
Source
UNEP, InforMEA
Court name
International Court of Environmental Arbitration and Conciliation
Seat of court
San Sebastian
Judge
Bothe
Cronembold
Costopoulos
Shelton
Waite
Reference number
EAS - OC 8/2003
Language
English
Subject
Wild species & ecosystems
Keyword
International agreement-text Intellectual property rights/patents
Abstract
The basic issues analyzed in this consultative opinion were: - Are there situations where the Convention on Biological Diversity (CBD) and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) impose contradicting obligations upon the parties to them? - To the extent that this is the case, how has this conflict to be solved? The court interpreted the scope and meaning of the obligations imposed by the CBD and the TRIPs, examined possibilities of incompatibility including questions of coexistence of the two regimes and potential conflicts on the level of implementation. Finally it addressed the question of synergies between CBD and TRIPs. It concluded that the CBD and the TRIPs Agreement served different purposes. Thus there was no inherent contradiction between them. Nothing in Art. 27 (3)(b) of the TRIPs Agreement, relating to patentability, required any party to that agreement to violate any obligation resulting from Art. 8(j) or any other provision of the CBD. However, an effort had to be made that national patent laws and other laws relating to intellectual property were designed and applied in a way which took duly into account the objectives of CBD, in particular the principle of equitable benefit sharing.
Full text
TRIPs ingles.htm

References

Cites

Convention on Biological Diversity

Treaty | Multilateral | Rio de Janeiro |

Keyword: Sustainable use, Subsidy/incentive, Policy/planning, Ecosystem preservation, Access and benefit sharing, Traditional rights/customary rights, Protected area, Management/conservation, Financing, Institution, Liability/compensation, Protection of habitats, Alien species, Biodiversity, EIA, Research, Monitoring, Genetic resources, Dispute settlement, Ex-situ conservation, Data collection/reporting, Technology transfer, Biotechnology, Education, Crops/grasses

Source: IUCN (ID: TRE-001148)

Agreement on Trade related aspects of Intellectual Property Rights (TRIPS)

Treaty | Multilateral | Marrakesh |

Source: IUCN (ID: TRE-001772)