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Trade and MEAs

Access to genetic resources, intellectual property rights and biodiversity: processes and synergies

Topical points on IPR, traditional knowledge and access to genetic resources

Authors: M. Ruiz
Publisher: World Conservation Union , 2004

Full text of document

This paper, prepared as a background briefing for the Biodiversity Convention's 7th COP meeting, gives a brief overview of key processes where discussions on access to genetic resources, protecting TK, development of IPR policy and law and their interrelations are taking place. The paper also provides analysis on some of the most relevant and critical issues under consideration so as to assist readers in understanding some of the more important points of the progress being made in the policy and legislative fronts.

The paper looks at:

  • discussions on access to benefit sharing (ABS), IPRs and traditional knowledge - covering four perspectives:
    • property and control of genetic resources
    • impacts of IPRs on conservation
    • benefit sharing from access to these resources
    • related traditional knowledge
  • developments in the national and regional regimes on access to genetic resources and benefit sharing
  • the guidelines on benefit sharing incorporated into the Biodiversity convention (CBD) - the Bonn Guidelines
  • progress in the legal protection of traditional knowledge
  • developments within the TRIPs Agreement, CBD, and WIPO
  • discussions in other fora such as WSSD and the Doha declaration.