Journal Article

Protection and conservation—TRIPs and CBD: a way forward

Rahul Goel

in Journal of Intellectual Property Law & Practice

Volume 3, issue 5, pages 334-338
Published in print May 2008 | ISSN: 1747-1532
Published online March 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn032
Protection and conservation—TRIPs and CBD: a way forward

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Legal context

There is a complex relationship and interplay between TRIPs and CBD, two multilateral agreements adopted to attain inherently distinctive objectives.

Key points

The CBD/TRIPs issue has been discussed in the WTO since 1996 in the Committee on Trade and Environment, and has been on the agenda of the TRIPs Council since 1999. At the WTO Doha Ministerial Meeting in 2001, a Trade Minister made reference to the issue in paragraphs 12 and 19, instructing the Council for TRIPs to look into the relations between TRIPs and CBD. The discussion in the TRIPs Council has gone into considerable detail with a number of ideas and various proposals have been mooted to deal with the same.

Practical significance

This paper attempts to discuss and analyse the areas of possible conflict and reasons for such conflicts. It also seeks to gain an insight into the thought-process of the various stakeholders, then discusses alternative courses of action, and attempts to chart the way forward.

Keywords: Although issues such as NAMA dominated the 2005 WTO Ministerial Conference, TRIPs and CBD were also under the spotlight.; This article discusses the complex interplay between TRIPs and CBD, two multilateral agreements adopted to attain inherently different objectives.; The author analyses the areas of possible conflict and reasons for them and seeks to gain an insight into the thought-processes of the various stakeholders, discussing the options for future action.

Journal Article.  3214 words. 

Subjects: Arbitration ; Intellectual Property Law

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