IP Rights in International Environmental Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
International Treaties ◽  
International Environmental Law ◽  
Biological Resources ◽  
Important Input ◽  
The One ◽  
Rule Systems

This chapter focusses on the two core aspects of the relationship between intellectual property (IP) rights and international environmental law. This interface is embodied in two related, but discernible rule systems. On the one hand, natural and biological resources are increasingly serving as important input or source for innovative human activities, often leading to IP rights granted over the resulting technology. On the other, whenever IP rights are granted over technologies or plant varieties that involve genetic resources, conflicts between the property rights of an individual IP holder and those who claim ownership (such as a state) over the biological resources may arise. The main international treaties applicable here are the Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP).

Convention on Biological Diversity: Towards a sustainable future

Social Change ◽  
2003 ◽  
Vol 33 (2-3) ◽  
pp. 173-191
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Technology Development ◽  
Sustainable Use ◽  
United Nations Environment Programme ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Biological Resources ◽  
Transfer Benefit ◽  
Global Agreement

In an era of a rapidly shrinking biological resources, the Convention on Biological Diversity (CBD) is a historic landmark, being the first global agreement on the conservation and sustainable use of biological diversity. The CBD is one of the few international agreements in the area of natural resource conservation in which sustainability and equitable benefit-sharing are central concerns. The CBD links traditional conservation efforts to the economic goal of using biological resources sustainably and sets forth principles for the fair and equitable sharing of the benefits arising from the use of genetic resources, notably those destined for commercial use. Importantly, the CBD also gives traditional knowledge its due place in the sustainable use of genetic resources. The CBD also covers the rapidly expanding field of biotechnology, addressing technology development and transfer, benefit-sharing and biosafety, in an equitable framework. In the coming years, the CBD is likely to have major repercussions on the way biodiversity is conserved and benefits thereof, shared between the developing and developed worlds. The following commentary on the CBD has drawn heavily from a document produced by Secretariat of the Convention on Biological Diversity, at the United Nations Environment Programme. Articles 1 to 21 of the CBD have also been reproduced here in order to disseminate knowledge regarding the principles of the CBD-Editor.

scholarly journals ACCESS AND BENEFIT SHARING UNDER NAGOYA PROTOCOL AND SUSTAINABLE DEVELOPMENT: A CRITICAL ANALYSIS

2015 ◽  
Vol 9 (3) ◽  
pp. 38-45
Author(s):  
STELLINA JOLLY
Keyword(s):  
Sustainable Development ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Environmental Law ◽  
Developing Nations ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Equitable Sharing

The debate over control and ownership of natural and bio genetic resources has a chequered history in International environmental law. Historically genetic resources were considered and acknowledged as part of common heritage of mankind. But with the development of technologies and the heightened north south divide over the issue of sovereign right over natural resources the developing nations became extremely concerned with the exploitation of biological and Genetic resources. Access to benefit sharing (ABS) was considered as an answer to balance the interests of developed and developing nations and to conserve and protect bio diversity. Adopted on October 2010 in Nagoya, Japan by the Parties to the Convention on Biological Diversity (CBD) of 1992, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP) has come into force after its 50th ratification on 2013. Nagoya protocol details on procedure for access and benefit sharing, disclosure mechanism, principles of transparency and democracy. The paper analyses the protection of access and benefit sharing envisaged under Nagoya protocol and its possible role in promoting sustainable development in the develoing nations. 

The EU and Environmental Multilateralism: The Case of Access and Benefit-Sharing and the Need for a Good-Faith Test

2014 ◽  
Vol 16 ◽  
pp. 109-142
Author(s):  
Elisa Morgera
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Good Faith ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Access And Benefit Sharing ◽  
Adoption And Implementation ◽  
Legal Principle ◽  
The Eu

AbstractThis chapter discusses the need for a good-faith test for assessing the legitimacy of ongoing and future EU initiatives aimed at contributing to the development and implementation of international environmental law. A test that is based on the international legal principle of good faith may serve to better understand when the EU is effectively supporting environmental multilateralism to the benefit of the international community, rather than seeking to unduly influence it purely for its own advantage. The test is developed mostly on the basis of EU efforts of contributing to climate change multilateralism, and is applied to a much less studied case: the adoption and implementation of the Nagoya Protocol on Access to Genetic Resources and Benefit-sharing under the Convention on Biological Diversity.

Developing States and International Environmental Law: The Importance of Differentiated Responsibilities

2000 ◽  
Vol 49 (1) ◽  
pp. 35-60 ◽  
Author(s):  
Duncan French
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Environmental Damage ◽  
International Environmental Law ◽  
Global Issues ◽  
Historical Responsibility ◽  
Common But Differentiated Responsibilities ◽  
Legal Principle ◽  
The One ◽  
International Awareness

The protection of the global environment has become one of the central objectives of the international community in recent decades. Issues such as climate change, the depletion of the ozone layer, and the loss of the biological diversity has resulted in a growing international awareness of the problems facing the planet. Moreover, there is also recognition that States will need to act more collaboratively at the international level if effective solutions are to be found to these problems. However, concurrently there is also recognition that many States have pressing socio-economic concerns of their own, and that they have neither the resources nor the capabilities with which to devote to such global issues—so called “developing” States. This article examines the response of international environmental law to these two, potentially opposing, trends, viz., the need for universalism, on the one hand, and sensitivity to the needs of developing States, on the other. In particular, the article will examine the emerging legal principle of “common but differentiated responsibilities”, as well as discussing the various means of operationalising it. Nevertheless, as will be discussed below, there is still much debate as to the conceptual basis of this principle—leading one to question its real aim. Is it to contribute to a fairer world system in which developed States recognise their historical responsibility for past environmental damage, or is it simply an expedient means of ensuring the participation of developing States in what are primarily Northern concerns?

scholarly journals The ecosystem approach under the Convention on Biological Diversity: a review of decisions of the Conference of the Parties

2021 ◽  
Author(s):  
Ye. P. Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
Ecosystem Approach ◽  
Legal Regulation ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Leading Role ◽  
Current State ◽  
Practical Guidelines ◽  
Environmental Relations

A comprehensive analysis of the process of formation and development of the ecosystem approach in international environmental law under the Convention on Biological Diversity has been undertaken. Based on a study of the provisions of the Convention and a review of decisions of the meetings of its governing body – the Conference of the Parties – the conclusion is made about the current state of development of the ecosystem approach. In particular, under the Convention on Biological Diversity, general framework of the ecosystem approach have been developed, including its description, principles and practical guidelines for its application, and its leading role in the conservation of biodiversity has been determined. Undoubtedly, the ecosystem approach generally and its principles particularly require thorough discussion at future meetings of the Conference of the Parties and implementation in appropriate decisions. At the same time, it is quite obvious that the effectiveness of this approach in the issue of biodiversity conservation will depend primarily on its implementation in the state environmental policy and legislation of all countries-participants of the Convention and its practical realization, which, according to the author, should become one of the priority and strategic directions in the field of legal regulation of environmental relations in Ukraine.

Marine Genetic Resources, Including Sharing of Benefits

2017 ◽  
Vol 111 ◽  
pp. 245-247
Author(s):  
Angel Horna
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Biological Diversity ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Progressive Development ◽  
Equitable Sharing ◽  
United Nations Convention

If we look at the development of international law of the sea, an evolution that can be traced back to the emergence of the traditional law of the sea and its transition into its modern version (enshrined in the United Nations Convention on the Law of the Sea—UNCLOS), I would argue that we are now in the midst of another major moment in the codification and progressive development of international law of the sea, which—on this occasion—also includes the interrelationship between that legal regime and international environmental law, in particular the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD.

scholarly journals A critical examination of the Financial Mechanism as adopted in the Convention on Biological Diversity (CBD) from a developing country’s perspective

2014 ◽  
Vol 1 ◽  
pp. 70-81
Author(s):  
Shah Md Mushfiqur Rahman
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Developing Country ◽  
Biological Diversity ◽  
Environmental Law ◽  
Convention On Biological Diversity ◽  
Critical Examination ◽  
International Environmental Law ◽  
Effective Compliance ◽  
Financial Mechanism

The main objective of this article would be to examine the financial mechanism of the CBD for the purpose of measuring its efficiency to ensure the Convention's implementation in the developing countries. The more international environmental law advances the more it is realized that normative provisions are hardly able to bring any good to the environment, if it is not substantiated by effective compliance mechanisms. The Convention on Biological Diversity is no exception to this realization and in tune with that the CBD adopted some in-built mechanisms e.g. financial mechanism, technology transfer etc. But how much is the financial mechanism, the most important of these, efficient to prompt the developing countries to comply with the Convention? This article will search for the answer to this question which is especially intriguing given the challenge of developing countries to strike a balance between developmental and conservation needs. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18526 Northern University Journal of Law Vol.1 2010: 70-81

scholarly journals FORMATION AND DEVELOPMENT OF THE ECOSYSTEM APPROACH IN INTERNATIONAL ENVIRONMENTAL LAW BEFORE THE CONVENTION ON BIOLOGICAL DIVERSITY

2021 ◽  
Vol 001 (001) ◽  
pp. 47-85
Author(s):  
Yevhenii Suietnov
Keyword(s):  
Biological Diversity ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Ecosystem Approach ◽  
Convention On Biological Diversity ◽  
Environmental Agreements ◽  
Natural Ecosystems ◽  
International Environmental Law ◽  
Holistic Concept ◽  
General Aspects

The article analyses general aspects of the formation and development of the ecosystem approach in international environmental law before the adoption and entry into force of the Convention on Biological Diversity. On the grounds of thorough and complex research encompassing the main international environmental agreements and scientists’ views, it is concluded that the issues of protection and conservation of natural ecosystems and implementation of the ecosystem approach had already received wide support at the international level by that time, whereas adopted agreements created the necessary base for the further formation and development of the ecosystem approach as a holistic concept under the Convention on Biological Diversity.

Part VII Inter-linkages with Other Regimes, Ch.48 Intellectual Property

2021 ◽  
Author(s):  
Benjamin Lisa
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Biological Diversity ◽  
Environmental Law ◽  
Plant Genetic Resources ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
Food And Agriculture ◽  
Environmentally Sound

This chapter focuses on the role of intellectual property law and intellectual property rights (IPRs) in international environmental law. IPRs such as patents are also closely associated with biotechnology developments, and so are highly relevant to efforts to preserve biological diversity, ensure food security, and implement sustainable development goals (SDGs). Issues relating to IPRs arise in three broad areas of international environmental law: whether IPRs should be granted for potentially environmentally damaging technologies; the extent to which IPRs protect Indigenous environmental knowledge; and the extent to which IPRs may limit the transfer of environmentally sound technology. The chapter then provides an overview of IPRs under the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the 2001 International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGFA). It also considers the 1992 Convention on Biological Diversity (CBD); the 2010 Nagoya Protocol; the 1992 United Nations Framework Convention on Climate Change (UNFCCC); and the 2015 Paris Agreement.

International Standard Setting in Biomedicine – Foundations and New Challenges

2019 ◽  
Vol 61 (1) ◽  
pp. 131-151
Author(s):  
Silja Vöneky
Keyword(s):  
Human Rights ◽  
Biological Diversity ◽  
Technological Development ◽  
Environmental Law ◽  
Standard Setting ◽  
Convention On Biological Diversity ◽  
Human Rights Law ◽  
International Environmental Law ◽  
New Challenges ◽  
Gene Drives

This article examines current challenges for a normative framework regulating biomedicine, including those arising from the use of big data and machine learning tools, and from the use of the CRISPR/Cas-9 technology, as for instance gene drives. The article focusses on the question of legitimate standard setting and takes into account both “hard” and “soft” law as well as private rule making. This includes international treaties and declarations in the area of human rights law and environmental law, such as the International Covenant on Civil and Political Rights, the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, the Rio Declaration on Environment and Development, and, more specifically, the UNESCO Declaration on Bioethics and Human Rights. The author argues that, as instruments of biotechnology and biomedicine merge, international environmental law has to be interpreted in the light of human rights law. In order to adapt to new challenges, the article calls for a humanisation of international environmental law and, because of the ongoing disruptive technological development, argues that further legitimate standard setting is required. Keywords: Biomedicine, Biotechnology, Gene Drives, Standard Setting, CRISPR/Cas-9, Artificial Intelligence

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