Common Pools in Aquaculture Sui Generis and Other Options for Benefit Sharing
|
|
- Ambrose Simmons
- 6 years ago
- Views:
Transcription
1 Common Pools in Aquaculture Sui Generis and Other Options for Benefit Sharing Senior research fellow, lawyer, and researcher Fridtjof Nansen Institute Seminar on Conservation and Sustainable Use of Marine Biodiversity beyond National Jurisdiction, Bonn, December 2011
2 FNI s ABS Project Team FNI political science and law Studied biological diversity policy and law for almost 20 years Private independent Norwegian research institute Competence centre on biodiversity policy and law Capacity builiding and implementation consultations for countries: latest Bhutan 2011 and portugues-speaking African counties Looking at international law in a high number og foras: Patent law, IPR, WIPO, FAO, ITPGRFA, CGR etc Team of 7 researchers: Peter Johan Schei, Regine Andersen, Kristin Rosendal, Ole Kristian Fauchald, Morten Walløe Tvedt, Tone Winge, Ane Jørem
3 FNI s ABS Project Team FNI s role in ABS: reseach in political science and law Studied biological diversity policy and law for almost 20 years Private independent Norwegian research institute Competence centre on biodiversity policy and law Capacity builiding and implementation consultations for countries: latest Bhutan 2011 Looking at international law in a high number og foras: Patent law, IPR, WIPO, FAO, ITPGRFA, CGR etc Team of 7 researchers: Peter Johan Schei, Regine Andersen, Kristin Rosendal, Ole Kristian Fauchald, Morten Walløe Tvedt, Tone Winge, Ane Jørem
4 Components of the project: The first research area is international regulation of bioprospecting: What are the options for regulating rights and access to genetic material from the high seas, which is the area beyond national jurisdiction, the exclusive economic zone and in Antarctica, south of 60 degrees South. The second research area for this project is open source for marine-based innovation: the research question is how innovation may be stimulated and balanced in the marine sector by the use of an open source-based legal system for innovation. The third research area is to look at potential regulations of collections of marine genetic resources by discussing the particular situation of Marbank and research projects in bioprospecting: How to regulate access to and use of marine genetic resources from such collections in a manner that stimulates research, innovation and investment in this field?
5 Topic for today: Concept of common pools The multilateral approach of the ITPGRFA Concept of farmers rights under the ITPGRFA ABS licensing
6 Topic for today: Applicability of ABS as we know it from the CBD Concept of common pools The multilateral approach of the ITPGRFA Concept of farmers rights under the ITPGRFA ABS licensing Some ideas on institutions
7 Applicability of ABS as we know it from the CBD: Rational for ABS: Counter-balance the IPR/ privatisation tendency of plant sector Create a revenue for conservation and sustainable use Stop privatisation from the global common of PGR Developing countries quid pro quo for conservation Searching a rational for ABS in the ABNJ: Need for a revenue? Fairness? Equitable? Formally open to all de facto possible to the few ones
8 Applicability of ABS as known from CBD: Character of ABS in CBD and NP Sovereign rights Access legislation Contracts Genetic resources as an undefined object Freedom and flag state Open access No obvious contracting partner Activity rather than object Regulatory freedom learning from others Scope of activity and Clear trigger points Developed rational (convince counties that status quo should be altered) for A and/or BSh
9 Patent system: Invention eligible for patent protection Novel in the technical sense Inventiveness Technical effect Cover the same use by others even found in nature Relevant to establish private exclusive rights to objects found in the oceans
10 Concept of common pools: Theoretical explainations
11 common pool:
12 common pool:
13 The multilateral approach of the ITPGRFA: The MLS applies to a group of genetic resources The MLS applies to material in the public domain and under the control of the parties The MLS applies for specific uses. The MLS applies in a group of countries.
14 The multilateral approach of the ITPGRFA: The MLS applies to a group of genetic resources Specified to be certain defined species of food and feed The MLS applies to material in the public domain and under the control of the parties Public collections and what is brought thereto The MLS applies for specific uses. Food and agriculture not other uses The MLS applies in a group of countries. Should a national from a non-member country access?
15 Concept of farmers rights under the ITPGRFA: Not very suited for securing the rights of an inventor Lack of legal certainty Lack of exclusivity
16 ABS licensing: Who shall issue the ABS license? Incentives to get a license Certification of equity or sustainability
17 NP ART 10 GLOBAL MULTILATERAL BENEFIT-SHARING MECHANISM: Parties shall consider the need for and modalities of a global multilateral benefit-sharing mechanism to address the fair and equitable sharing of benefits derived from the utilisation of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent. The benefits shared by users of genetic resources and traditional knowledge associated with genetic resources through this mechanism shall be used to support the conservation of biological diversity and the sustainable use of its components globally. (FNI Report 10/2011
18 NP ART 10 GLOBAL MULTILATERAL BENEFIT-SHARING MECHANISM: Parties shall consider the need for and modalities of a global multilateral benefit-sharing mechanism to address the fair and equitable sharing of benefits derived from the utilisation of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent. The benefits shared by users of genetic resources and traditional knowledge associated with genetic resources through this mechanism shall be used to support the conservation of biological diversity and the sustainable use of its components globally. (FNI Report 10/2011
19 NP ART 10 GLOBAL MULTILATERAL BENEFIT-SHARING MECHANISM: Parties shall consider the need for and modalities of a global multilateral benefit-sharing mechanism to address the fair and equitable sharing of benefits derived from the utilisation of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent. The benefits shared by users of genetic resources and traditional knowledge associated with genetic resources through this mechanism shall be used to support the conservation of biological diversity and the sustainable use of its components globally. (FNI Report 10/2011
20 sui generis: How can access to marine GR be secured also for the future? How can the investments put into products from marine bioprospecting be secured in a fair manner?
21 open source system: Learning from software (huge differences as number of developers larger than in GRresearch discussion) The previous contributors to the state What should be subject to openness) Genetic material, knowledge and innovation How to capture relative contribution IP: the patentee takes it all is it possible to establish a system being fair and equitable based on caculating contributions
22 open source system: Clear copying high degree of payment back Technological difficulties in assessing dependence Factual problems Legal challenges International aspects Challenge to all open source systems: the chance of free riders and even more severe persons appropriating from the pool Who will control?
23 Some ideas - Challenges in ABNJ:
24 Some ideas on institutions: ABNJ challenges: Freedom of the high seas quite difficult to amend Introduce jurisdiction at a level above flag state jurisdiction There are a some challenges which requires global solutions Bioprospecting Protect particular areas Pollution A non-binding safeguarder of the common interest (ombundsmann or learning from the Brazilian system of procurador ) Recommendations biology, law and sustainability Non-binding but autonomous outside the scope of nations Initiative: own, by others (states, privates and organisations)
25
Functionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA)
Functionality of the Nagoya ABS Protocol with a view to AnGR and a side-look to Anti- Conterfeiting Trade Agreement (ACTA) Morten Walløe Tvedt Senior research fellow International Technical Expert Workshop
More informationDifferent Options for ABS in Relation to Marine Genetic Resources in ABNJ
Different Options for ABS in Relation to Marine Genetic Resources in ABNJ Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Thomas Greiber (LL.M.) Senior Legal
More informationIntellectual Property and Genetic Resources: Relationship with Relevant International Instruments
South Unity, South Progress. Intellectual Property and Genetic Resources: Relationship with Relevant International Instruments Viviana Munoz Tellez Coordinator Development, Innovation and Intellectual
More informationNote by the Executive Secretary
CBD AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 Distr. GENERAL UNEP/CBD/WG-ABS/7/4 28 January 2009 ORIGINAL: ENGLISH COLLATION OF OPERATIVE TEXT
More informationGenetic Resources and Intellectual Property: Recent developments under the Convention on Biological Diversity
Genetic Resources and Intellectual Property: Recent developments under the Convention on Biological Diversity 15 September, 2004 Secretariat of the Convention on Biological Diversity Dan B. Ogolla OUTLINE
More informationNAGOYA PROTOCOL ON ACCESS TO GR AND BENEFIT SHARING (ABS): CHALLENGES AND OPPORTUNITIES FOR MICROBIOLOGY DR. ALEJANDRO LAGO CANDEIRA
NAGOYA PROTOCOL ON ACCESS TO GR AND BENEFIT SHARING (ABS): CHALLENGES AND OPPORTUNITIES FOR MICROBIOLOGY DR. ALEJANDRO LAGO CANDEIRA Outline 1. About Access to genetic resources and Benefit- Sharing (ABS)
More informationLaw. Environment and Development Journal
Environment and Development Journal Law LEAD CHANGES IN THE PLANT TREATY HOW CAN BENEFIT SHARING HAPPEN AND THE LINK TO INTELLECTUAL PROPERTY RIGHTS ASSESSING THE MUTUALLY SUPPORTIVENESS Morten Walløe
More informationII. SCOPE III. MAIN COMPONENTS... 21
CBD Distr. GENERAL UNEP/CBD/WG-ABS/7/5 28 January 2009 ORIGINAL: ENGLISH AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 COLLATION OF OPERATIVE TEXT
More informationJBA ABS Symposium on Digital Sequence Information. 28 February 2018 Tokyo
DIGITAL SEQUENCE INFORMATION: ICC VIEWS AND PERSPECTIVES ON INTERNATIONAL DISCUSSIONS AND DEVELOPMENTS JBA ABS Symposium on Digital Sequence Information 28 February 2018 Tokyo WHAT IS ICC? The world s
More informationArt Glowka ( )
The Convention on Biological Diversity and the Nagoya Protocol: Sources of Innovation in ABS for Marine Genetic Resources in ABNJ Lyle Glowka Executive Coordinator Convention on Migratory Species (Abu
More informationBioprospecting in the High Seas: Regulatory Options for Benefit Sharing
The Journal of World Intellectual Property (2013) Vol. 16, no. 3 4, pp. 150 167 doi: 10.1002/jwip.12010 : Regulatory Options for Benefit Sharing Morten Walløe Tvedt Fridtjof Nansen Institute Ane E. Jørem
More informationThe Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization
Queensland Museum Johny Keny/Shutterstock Rachel Wynberg Marsha Goldenberg/Shutterstock The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their
More informationThe BBNJ instrument could also restate the objective of UNCLOS to protect and preserve the marine environment.
Submission on behalf of the Member States of the Caribbean Community (CARICOM) for the Development of an international legally-binding instrument under the Convention on the Law of the Sea on the conservation
More informationConvention on Biological Diversity: ABS. The Nagoya Protocol on Access and Benefit-sharing
Convention on Biological Diversity: ABS The Nagoya Protocol on Access and Benefit-sharing What is the Nagoya Protocol? The Nagoya Protocol on Access and Benefit-sharing is a new international treaty that
More informationWIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore, Sixth Session, March 2004
WIPO Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore, Sixth Session, 15-19 March 2004 Statement by the Secretariat of the Convention on Biological
More informationBIOPIRACY: FACT OR FICTION? INTERNATIONAL TREATY NEGOTIATIONS COULD AFFECT YOUR IP RIGHTS AND YOUR BOTTOM LINE
BIOPIRACY: FACT OR FICTION? INTERNATIONAL TREATY NEGOTIATIONS COULD AFFECT YOUR IP RIGHTS AND YOUR BOTTOM LINE BRYAN J. VOGEL 2013 ANNUAL IPO MEETING SEPTEMBER 15-17, 2013 BOSTON, MASSACHUSETTS AGENDA
More informationSectoral Linkages and Lessons Learnt on Access and Benefit Sharing (ABS): Moving the ABS Agenda Forward
Workshop Report Sectoral Linkages and Lessons Learnt on Access and Benefit Sharing (ABS): Moving the ABS Agenda Forward 28 November, 2008, Tokyo Report Writers 1 : Joerg Schmidt, Chia Hsin and Miguel Esteban
More informationBioTrade and the Implementation of the Nagoya Protocol
Federal Department of the Environment, Transport, Energy and Communications DETEC Federal Office for the Environment FOEN Soil and Biotechnology Division BioTrade and the Implementation of the Nagoya Protocol
More informationBuilding TRUST Literally & Practically. Philippe Desmeth World Federation for Culture Collections
Building TRUST Literally & Practically Philippe Desmeth World Federation for Culture Collections 1 Contents CBD - Nagoya Protocol European regulation on ABS TRUST - Literally TRUST - Practically Nagoya
More informationDRAFT GUIDELINES ON ACCESS AND BENEFIT SHARING
DRAFT GUIDELINES ON ACCESS AND BENEFIT SHARING UNDER THE BIOLOGICAL DIVERSITY ACT, 2002 PRESENTED TO THE NATIONAL BIODIVERSITY AUTHORITY PREPARED BY YESHWANTH SHENOY ADVOCATE PLEASE SEND FEEDBACK TO: MR.YESHWANTH
More informationSøren Flensted Lassen, Novozymes A/S 07 June 2016
Brazil and European Dialogue on the Implementation of the Nagoya Protocol - Exchange of Genetic Resources - Private sector: Consideration and expectation in handling GR in product development, Incl. procedures
More informationThe relationship between the IR, the WTO, UPOV Convention and WIPO. Jorge Cabrera Medaglia
The relationship between the IR, the WTO, UPOV Convention and WIPO Jorge Cabrera Medaglia Structure of the study 1. Factual overview of relevant developments and provisions and their relationship with
More informationSubregional Seminar on the Legal Protection of Biotechnology and Genetic Resources Banska Bystrica, May 2 and 3, Access and Benefit Sharing
Subregional Seminar on the Legal Protection of Biotechnology and Genetic Resources Banska Bystrica, May 2 and 3, 2007 Access and Benefit Sharing Hans Georg Bartels 1 Overview The Context The Patent system
More informationUNCLOS and Recent Developments at the General Assembly
UNCLOS and Recent Developments at the General Assembly Vladimír Jareš Deputy Director in charge of the Division for Ocean Affairs and the Law of the Sea Office of Legal Affairs 18 April 2013 Why? Legal
More information10th Pan African Workshop on Access and Benefit-Sharing
10th Pan African Workshop on Access and Benefit-Sharing 6 th 10 th March 2017, Dakar, Senegal Hosted by the Direction des Parcs Nationaux du Sénégal REPORT 2 Photos: Lena Fey, Hartmut Meyer Contents Background...
More informationCBD. Distr. GENERAL. UNEP/CBD/COP/9/INF/16 4 March 2008 ENGLISH ONLY
CBD Distr. GENERAL UNEP/CBD/COP/9/INF/16 4 March 2008 ENGLISH ONLY CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY Ninth meeting Bonn, 19 30 May 2008 Item 4.1 of the provisional agenda*
More informationLegal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems
Legal Status of Marine Genetic Resources in the Context of BBNJ Negotiations: Diverse Legal Regimes and Related Problems Konrad Jan Marciniak, PhD konrad.marciniak@msz.gov.pl All view expressed are Author
More informationFor comments and/or queries on this paper, please contact: For other publications or more information, please contact: Delwyn Dupuis
This paper was researched and written by Catherine Monagle for CIEL and WWF International. This paper aims to provide a platform for further discussions on policy alternatives. It does not intend to form
More informationNorwegian Nature Diversity Act - Genetic Material
Norwegian Nature Diversity Act - Genetic Material 1 July 2009 Grethe Evjen Norwegian Ministry of Agriculture and Food Purpose Section 1 Protect biological, geological and landscape diversity and ecological
More informationAmericas Trade and Sustainable Development Forum (ATSDF) November 2003, Miami. Trade, Knowledge and Intellectual Property Rights Thematic Tent
Americas Trade and Sustainable Development Forum (ATSDF) 17-18 November 2003, Miami Trade, Knowledge and Intellectual Property Rights Thematic Tent CONCLUSIONS On behalf of the Trade, Knowledge and Intellectual
More informationCBD/ Access and Benefit Sharing
CBD/ Access and Benefit Sharing Comments on the Proposal for a Regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from
More informationAccess and Benefit Sharing (Agenda item III.3)
POSITION PAPER Access and Benefit Sharing (Agenda item III.3) Tenth Meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP10), 18-29 October, 2010, Nagoya, Japan Summary
More informationDERIVATIVES UNDER THE EU ABS REGULATION: THE CONTINUITY CONCEPT
DERIVATIVES UNDER THE EU ABS REGULATION: THE CONTINUITY CONCEPT SUBMISSION Prepared by the ICC Task Force on Access and Benefit Sharing Summary and highlights Executive Summary Introduction The current
More informationMarine biological diversity of areas beyond national jurisdiction. Legal and policy framework
Marine biological diversity of areas beyond national jurisdiction Legal and policy framework 1. The United Nations Convention on the Law of the Sea (UNCLOS) provides the legal framework within which all
More informationMultilateral negotiations on IP - Traditional Knowledge and Genetic resources
Multilateral negotiations on IP - Traditional Knowledge and Genetic resources Alejandro Neyra Lima, March 2010 Intellectual property multilateral negotiations WIPO treaties/processes WTO: TRIPS Agreement
More informationCBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response 1 Table of Contents I. Introduction... 1 II. Supporting
More informationCBD. Distr. GENERAL. UNEP/CBD/WG-ABS/7/INF/3/Part.3 3 March 2009 ORIGINAL: ENGLISH
CBD Distr. GENERAL UNEP/CBD/WG-ABS/7/INF/3/Part.3 3 March 2009 ORIGINAL: ENGLISH AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 Item 3 of the provisional
More informationLEGISLATIVE OPTIONS FOR TK AND
WIPO REGIONAL EXPERT MEETING ON THE ESTABLISHMENT OF A CARIBBEAN FRAMEWORK FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE, FOLKLORE AND GENETIC RESOURCES Kingston, Jamaica March 18 to 19, 2008 LEGISLATIVE
More informationIn the name, particularly, of the women from these organizations, and the communities that depend on fishing for their livelihoods,
Confédération Africaine des Organisations Professionnelles de la Pêche Artisanale African Confederation of Artisanal Fisheries Professional organizations 1 On the occasion of the World Women's Day of the
More informationLaw. Environment and Development Journal DISENTANGLING RIGHTS TO GENETIC RESOURCES ILLUSTRATED BY AQUACULTURE AND FOREST SECTORS. Morten Walløe Tvedt
Environment and Development Journal Law LEAD DISENTANGLING RIGHTS TO GENETIC RESOURCES ILLUSTRATED BY AQUACULTURE AND FOREST SECTORS Morten Walløe Tvedt ARTICLE VOLUME 9/2 LEAD Journal (Law, Environment
More informationAccess and benefit- sharing information kit. Ivan Cholakov Gostock/Shutterstock
Access and benefit- sharing information kit Ivan Cholakov Gostock/Shutterstock UNEP An information kit was developed to build awareness on ABS. The key themes addressed in the information kit are: Access
More informationCHAPTER IV TRIPS VERSUS CBD: TOWARDS A FRAMEWORK FOR INTELLECTUAL PROPERTY PROTECTION OF BIODIVERSITY
CHAPTER IV TRIPS VERSUS CBD: TOWARDS A FRAMEWORK FOR INTELLECTUAL PROPERTY PROTECTION OF BIODIVERSITY 4.0. Introduction The increasing importance of Biodiversity associated Traditional Knowledge sparked
More informationAccess and Benefit Sharing: Case studies and International experience
Access and Benefit Sharing: Case studies and International experience Palpu Pushpangadan palpuprakulam@yahoo.co.in Amity Institute for Herbal and Biotech Products Development Peroorkada. P.O. Trivandrum,
More informationAfrican Union Practical Guidelines for the Coordinated Implementation of the Nagoya Protocol in Africa
African Union Practical Guidelines for the Coordinated Implementation of the Nagoya Protocol in Africa Table of Content Acronyms and Abbreviations iv Background 1 Context 1 Process 2 Guidelines for the
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E WIPO/GRTKF/IWG/3/9 ORIGINAL: ENGLISH DATE: JANUARY 10, 2011 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Third Intersessional Working
More informationPresented at GIZ/SAWTEE Training on IPR 1-2 March 2012, Laltipur. Ratnakar Adhikari South Asia Watch on Trade, Economics and Environment
Presented at GIZ/SAWTEE Training on IPR 1-2 March 2012, Laltipur Ratnakar Adhikari South Asia Watch on Trade, Economics and Environment Genesis and background Patent provisions in the TRIPS Agreement Nepalese
More informationLord Robert Yewdall Jennings ( ) Former President of the International Court of Justice
The BBNJ PrepCom and Cross-Cutting Issues: The Hype about the Hybrid Approach Kristine Dalaker Kraabel PhD Research Fellow K.G. JEBSEN CENTRE FOR THE LAW OF THE SEA (JCLOS) Lord Robert Yewdall Jennings
More informationQuestion Q 159. The need and possible means of implementing the Convention on Biodiversity into Patent Laws
Question Q 159 The need and possible means of implementing the Convention on Biodiversity into Patent Laws National Group Report Guidelines The majority of the National Groups follows the guidelines for
More informationProtection of New Plant Varieties under the TRIPS Agreement
Universities Research Journal 2011, Vol. 4, No. 7 Protection of New Plant Varieties under the TRIPS Agreement Nyo Nyo Tin Abstract Intellectual property refers to property in creation of human mind. Intellectual
More informationOpen Science, Open Data & Nagoya Protocol Legal certainty in uncertain times
2018 BELSPO WDCM GCM 2.0 Type Strain Sequencing Project Workshop Beijing, 21-22 November 2018 Open Science, Open Data & Nagoya Protocol Legal certainty in uncertain times Philippe Desmeth BCCM International
More informationThe Nagoya Protocol. Overview of the Nagoya Protocol
The Nagoya Protocol 1 Nagoya Protocol what is it? Supplementary agreement to the Convention on Biological Diversity (CBD). Expands on the CBD s access and benefit-sharing provisions. Adopted on 29 October
More informationABS of MGR in ABNJ: building blocks for a pragmatic solution
ABS of MGR in ABNJ: building blocks for a pragmatic solution dr. Thomas Vanagt mr. Dominic Muyldermans Contact: thomas.vanagt@abs-int.eu Talk Overview Short Bio ABS under the CBD The ABC of ABS Lessons
More informationSouth-South Exchange Meeting on the Conservation and Sustainable Use of Forest Biodiversity, 8-10 July 2009
South-South Exchange Meeting on the Conservation and Sustainable Use of Forest Biodiversity, 8-10 July 2009 ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING Valérie Normand Secretariat of the Convention
More informationCapacity-Building and Technology Transfer Issues Related to Marine Genetic Resources: Challenges and Opportunities
Capacity-Building and Technology Transfer Issues Related to Marine Genetic Resources: Challenges and Opportunities Eighth Meeting of the UN Informal Consultative Process on Oceans and Law of the Sea June
More informationCBD. Distr. GENERAL. UNEP/CBD/WG-ABS/7/INF/3/Part.2 3 March 2009 ENGLISH ONLY
CBD Distr. GENERAL UNEP/CBD/WG-ABS/7/INF/3/Part.2 3 March 2009 ENGLISH ONLY AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Seventh meeting Paris, 2-8 April 2009 Item 3 of the provisional
More informationCharles Lawson * INTRODUCTION
Implementing an objective of the Convention on Biological Diversity intellectual property, access to genetic resources and benefit sharing in Australia Charles Lawson * One of the objectives of the United
More informationEconomics of IPRs and patents
Economics of IPRs and patents TIK, UiO 2016 Bart Verspagen UNU-MERIT, Maastricht verspagen@merit.unu.edu 3. Intellectual property rights The logic of IPRs, in particular patents The economic design of
More informationCreating a more open, inclusive and equitable innovation system.
Creating a more open, inclusive and equitable innovation system Richard Jefferson July 14, 2009, Conference on Intellectual Property and Public Policy Issues www.openinnovation.org Questions (Agriculture):
More informationNagoya Protocol & Open Science Time for scientists to speak out! Philippe Desmeth MOSAICC, MOSAICS & TRUST Coordinator WFCC Past President
Nagoya Protocol & Open Science Time for scientists to speak out! Philippe Desmeth MOSAICC, MOSAICS & TRUST Coordinator WFCC Past President 2010-2017 OUTLINE Nagoya Protocol Essence of Science - The Spirit
More informationThe BBNJ PrepCom and Cross-Cutting Issues: The Hype about the Hybrid Approach
The BBNJ PrepCom and Cross-Cutting Issues: The Hype about the Hybrid Approach Kristine Dalaker Kraabel PhD Research Fellow K.G. JEBSEN CENTRE FOR THE LAW OF THE SEA (JCLOS) Lord Robert Yewdall Jennings
More informationConvention on Biological Diversity: ABS. Theme Traditional knowledge
Convention on Biological Diversity: ABS Theme Traditional knowledge For centuries, communities around the world have learned, used and passed on traditional knowledge about local biodiversity Image copyright:
More informationThe Nagoya Protocol: Compliance. Implications of the E.U. law for Microbiologists
The Nagoya Protocol: Compliance Implications of the E.U. law for Microbiologists 1 Nagoya Protocol Compliance In this talk I will outline: The role of compliance How developed countries will respond The
More informationIntellectual Property and Sustainable Development
Intellectual Property and Sustainable Development Dr Peter Meier-Beck Presiding Judge, Bundesgerichtshof (Federal Court of Justice) Honorary Professor, Heinrich-Heine-Universität Düsseldorf SHANGHAI IP
More informationThe 45 Adopted Recommendations under the WIPO Development Agenda
The 45 Adopted Recommendations under the WIPO Development Agenda * Recommendations with an asterisk were identified by the 2007 General Assembly for immediate implementation Cluster A: Technical Assistance
More informationWORLD TRADE ORGANIZATION
WORLD TRADE ORGANIZATION Council for Trade-Related Aspects of Intellectual Property Rights IP/C/W/383 17 October 2002 (02-5638) Original: English COMMUNICATION FROM THE EUROPEAN COMMUNITIES AND THEIR MEMBER
More informationTHE ASEAN FRAMEWORK AGREEMENT ON ACCESS TO BIOLOGICAL AND GENETIC RESOURCES
Draft Text 24 February 2000 THE ASEAN FRAMEWORK AGREEMENT ON ACCESS TO BIOLOGICAL AND GENETIC RESOURCES The Member States of the Association of South East Asian Nations (ASEAN) : CONSCIOUS of the fact
More informationMULTILATERAL BENEFIT-SHARING APPROACHES POSSIBILITIES AND CHALLENGES UNDER THE NAGOYA PROTOCOL. Third ABS Dialogue 24-25th May 2018, Mexico City
MULTILATERAL BENEFIT-SHARING APPROACHES POSSIBILITIES AND CHALLENGES UNDER THE NAGOYA PROTOCOL Third ABS Dialogue 24-25th May 2018, Mexico City TIMOTHY J HODGES OUTLINE 2 CONCEPT Benefit Sharing (in the
More informationBIOBASED PRODUCTS AND POTENTIAL IMPACTS OF THE NAGOYA PROTOCOL
BIOBASED PRODUCTS AND POTENTIAL IMPACTS OF THE NAGOYA PROTOCOL Donna O. Perdue, Ph.D., J.D. Perdue IP Law, APC What is Required to Protect Research and Innovation in Industrial Biotechnology? 2016 BIO
More informationACCESS TO AND BENEFIT SHARING OF MARINE GENETIC RESOURCES BEYOND NATIONAL JURISDICTION: DEVELOPING A NEW LEGALLY BINDING INSTRUMENT
Research Paper 79 September 2017 ACCESS TO AND BENEFIT SHARING OF MARINE GENETIC RESOURCES BEYOND NATIONAL JURISDICTION: DEVELOPING A NEW LEGALLY BINDING INSTRUMENT Carlos M. Correa RESEARCH PAPERS 79
More informationRESEARCH PAPER No. 19
Intellectual Property, Traditional Knowledge, Access Benefit Sharing Policy Environment in Eight Countries in Eastern and Southern Africa: Swaziland, Kenya, Lesotho, Mozambique, Malawi, Tanzania, Uganda
More informationThe ABS Capacity Development Initiative. Supporting the implementation of the Nagoya Protocol.
The ABS Capacity Development Initiative Supporting the implementation of the Nagoya Protocol www.abs-initiative.info funded by implemented by Access to genetic resources and the sharing of benefits arising
More informationConvention on Biological Diversity: ABS. Theme The Bonn Guidelines
Convention on Biological Diversity: ABS Theme The Bonn Guidelines CBD EN Factsheet Bonn.indd 1 The Bonn Guidelines were adopted by the Conference of the Parties to the CBD in 2002 Image copyright: Dimitar
More informationSUBMISSION OF INFORMATION BY THE WORLD INTELLECTUAL PROPERTY ORGANIZATION
SUBMISSION OF INFORMATION BY THE WORLD INTELLECTUAL PROPERTY ORGANIZATION 1. This document responds to the invitation, dated December 16, 2010, from the Executive Secretary of the Convention on Biological
More informationAnimal Genetic Resources and Intellectual Property Rights The Issues
Animal Genetic Resources and Intellectual Property Rights The Issues Paper presented by Susan E. Jones, at the International Technical Conference on Animal Genetic Resources, Interlaken Switzerland, 1-7
More informationISSUES LINKED TO CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO
C ENTER FOR I NTERNATIONAL E NVIRONMENTAL L AW ISSUES LINKED TO CONVENTION ON BIOLOGICAL DIVERSITY IN THE WTO NEGOTIATIONS: IMPLEMENTING DOHA MANDATES BY DAVID VIVAS EUGUI1 6 TH OF JULY, 2002 1 The views
More informationConservation and sustainable use of marine biodiversity in areas beyond national jurisdiction
Neptunus, e.revue Université de Nantes, vol. 23, 2017/1 www.cdmo.univ-nantes.fr Conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction Raphael Magno VIANNA GONÇALVES
More informationThe UK Government Response to The Report of the Commission on Intellectual Property Rights "Integrating Intellectual Property Rights and Development
The UK Government Response to The Report of the Commission on Intellectual Property Rights "Integrating Intellectual Property Rights and Development Policy" The UK Government Response to the Report of
More informationEnvironmental Impact Assessment Developing options for ABNJ
Environmental Impact Assessment Developing options for ABNJ Informal Mee,ng to Consider the Substan,ve Aspects of a New Interna,onal Instrument for the Conserva,on and Sustainable Use of Marine Biodiversity
More informationWTO-ESCAP-IIUM Regional Workshop on IP and Public Health and Environment Policy for Asian and Pacific Region
Review of Article 27.3(b), the Relationship between the TRIPS Agreement and Convention on Biological Diversity and Protection of Traditional Knowledge and Folklore WTO-ESCAP-IIUM Regional Workshop on IP
More informationRECOMMENDATIONS LDAC CONFERENCE ON EXTERNAL DIMENSION OF THE CFP LAS PALMAS DE GRAN CANARIA, September 2015
RECOMMENDATIONS LDAC CONFERENCE ON EXTERNAL DIMENSION OF THE CFP LAS PALMAS DE GRAN CANARIA, 16-17 September 2015 GENERAL STATEMENTS 1. We recognise the progress made with the latest reforms to the exterior
More informationINTELLECTUAL PROPERTY AND ENVIRONMENT: THE RELATIONSHIP BETWEEN THE CONVENTION ON BIOLOGICAL DIVERSITY AND THE TRIPS AGREEMENT DRAFT WORKING PAPER
INTELLECTUAL PROPERTY AND ENVIRONMENT: THE RELATIONSHIP BETWEEN THE CONVENTION ON BIOLOGICAL DIVERSITY AND THE TRIPS AGREEMENT DRAFT WORKING PAPER Capacity Building Meeting on Environment, Trade and Sustainable
More informationWIPO Development Agenda
WIPO Development Agenda 2 The WIPO Development Agenda aims to ensure that development considerations form an integral part of WIPO s work. As such, it is a cross-cutting issue which touches upon all sectors
More informationWIPO s work on disclosure and protection of TK & GR Introduction in the Draft Provisions on TK and Revised List of Options on GR
WIPO s work on disclosure and protection of TK & GR Introduction in the Draft Provisions on TK and Revised List of Options on GR Dr. Thomas Henninger Associate Officer, Genetic Resources and Traditional
More informationThe Nagoya Protocol on access to genetic resources and benefit sharing: User-country measures and implementation in India
FNI Report 2/2016 The Nagoya Protocol on access to genetic resources and benefit sharing: User-country measures and implementation in India Christian Prip and Charlotte van t Klooster The Nagoya protocol
More informationInternational Patent Regime. Michael Blakeney
Patent Regime Michael Blakeney Patent related treaties WIPO administered treaties Paris Convention (concluded 1883) Patent Cooperation Treaty (1970) Strasbourg Agreement (1971) Budapest Treaty (1977) Patent
More informationMcLEAN SIBANDA. Senior Patent Attorney Innovation Fund WIPO LIFESCIENCES SYMPOSIUM: PUBLIC SECTOR INTELLECTUAL PROPERTY MANAGEMENT
FRAMING A NATIONAL POLICY AND LEGISLATION FOR MANAGING IPR RESULTING FROM PUBLICLY FINANCED RESEARCH & DEVELOPMENT McLEAN SIBANDA Senior Patent Attorney Innovation Fund mclean@nrf.ac.za WIPO LIFESCIENCES
More informationInnovation Office. Intellectual Property at the Nelson Mandela University: A Brief Introduction. Creating value for tomorrow
Innovation Office Creating value for tomorrow PO Box 77000 Nelson Mandela University Port Elizabeth 6031 South Africa www.mandela.ac.za Innovation Office Main Building Floor 12 041 504 4309 innovation@mandela.ac.za
More informationAn overview of India's approach to key IP issues at home and abroad. Dr. Bona Muzaka King s College London
An overview of India's approach to key IP issues at home and abroad Dr. Bona Muzaka King s College London valbona.muzaka@kcl.ac.uk Why Intellectual Property? Why India? UNITAID (patent pools since 2008,
More informationDoing (IP) Business in BRIC Countries
Doing (IP) Business in BRIC Countries WIPO Conference, November 2016 Dr. Joerg Thomaier, Head of IP Bayer Group Agenda A Public Contract called Patent Law Brazil Russia India China BRIC Comparison Summary
More informationNature of Traditional Knowledge and its Protection --- Taiwan s Perspective
Nature of Traditional Knowledge and its Protection --- Taiwan s Perspective Warren H.J. KUO 1, Jau-Hwa CHEN 2, Shih-Chang CHEN 3, and Shin-Yee CHOU 4 1 Professor, Department of Agronomy, National Taiwan
More informationThe Disclosure of Origin Requirement in Central America
June 2010 ICTSD - Natural Resources, International Trade and Sustainable Development ICTSD Project on Genetic Resources The Disclosure of Origin Requirement in Central America Legal Texts, Practical Experience
More informationA POLICY in REGARDS to INTELLECTUAL PROPERTY. OCTOBER UNIVERSITY for MODERN SCIENCES and ARTS (MSA)
A POLICY in REGARDS to INTELLECTUAL PROPERTY OCTOBER UNIVERSITY for MODERN SCIENCES and ARTS (MSA) OBJECTIVE: The objective of October University for Modern Sciences and Arts (MSA) Intellectual Property
More informationINTELLECTUAL PROPERTY RIGHTS, BIOPROSPECTING, BIO-DIVERSITY AND TK
INTELLECTUAL PROPERTY RIGHTS, BIOPROSPECTING, BIO-DIVERSITY AND TK Professor Uma Suthersanen Centre for Commercial Law Studies Queen Mary, University of London PART ONE: BIO-PROSPECTING WHY BIOPROSPECTING
More informationTRIPS, FTAs and BITs: Impact on Domestic IP- and Innovation Strategies in Developing Countries
Innovation, Creativity and IP Policy: An Indo-European Dialogue TRIPS, FTAs and BITs: Impact on Domestic IP- and Innovation Strategies in Developing Countries Henning Grosse Ruse NUJS & MPI Collaborative
More informationQuestionnaire February 2010
National Group: US Group Date: April 7, 2010 Questionnaire February 2010 Special Committees Q 94 WTO/TRIPS and Q166 Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore on the
More informationStanding Committee on TRIPS Standing Committee on IP and Genetic Resources / Traditional Knowledge
Standing Committee on TRIPS Standing Committee on IP and Genetic Resources / Traditional Knowledge Questionnaire on the requirement of indicating the source and/or country of origin of genetic resources
More informationA. GENERAL ELEMENTS. Use of Terms
Submission on behalf of the Member States of the Caribbean Community (CARICOM) for the Development of an international legally-binding instrument under the Convention on the Law of the Sea on the conservation
More informationRegulating the Use of Genetic Resources Between International Authorities
This is a post-print version of: Rosendal, G. Kristin, 'Regulating the Use of Genetic Resources Between International Authorities'. European Environment, Vol 16, No 5, pp. 265-277. The definitive, editor-formatted
More informationI N D O N E S I A N O C E A N P O L I C Y National Aspirations, Regional Contribution and Global Engagement
I N D O N E S I A N O C E A N P O L I C Y 2 0 1 7 National Aspirations, Regional Contribution and Global Engagement Ambassador Arif Havas Oegroseno Deputy Coordinating Minister for Maritime Affairs Coordinating
More informationOperational Objectives Outcomes Indicators
UNEP/CBD/BS/COP-MOP/5/17 Page 106 ELEMENTS OF STRATEGIC PLAN FOR THE CARTAGENA PROTOCOL ON BIOSAFETY VISION Biological diversity is adequately protected from any adverse effects of living modified organisms
More information