Date
6-2000
Abstract
The study assesses the Intellectual Property Rights (IPR) provisions of the Convention on Biological Diversity (CBD) and the World Trade Organization (WTO) Agreements. It explains the conflict between the two agreements over IPR and attempts to answer how their differences may be best addressed.The study uses text interpretation, mainly hermeneutics which was originally used for theological studies but which is now an accepted method that emphasizes detailed examination of texts and meanings.The study finds three major areas where CBD and WTO IPR Agreements are not consistent with each other. These are through : (1) national sovereignty over biological resources, (2) local/farmers' and breeders' rights; and (3) indigenous community rights. The CBD primarily recognizes the rights of nations to control and access conditions regarding access to genetic resources. An overstatement of this right could violate the WTO principle of free movement of ideas and materials. Likewise, countries may irreconcilably differ if they insist mainly on either the collective rights of indigenous and farming communities or the tradable private sector and individual rights.The study indicates two options that will be left to Parties of the two Agreements. They could either adopt a non-formal protocol of tolerance of violations or reconcile them in their respective national legislation. This will harmonize policy measures and legislation on trade, investment and agricultural and industrial practices, and avoid the problems of duplication, variation and inconsistencies in implementing national measures to comply with the two Agreements.
Document Type
Master Thesis
Degree
Master of Science in Environmental Science
College
School of Environmental Science and Management (SESAM)
Adviser/Committee Chair
Ben S. Malayang III
Committee Member
Nicomedes D. Briones, Lucrecio M. Rebugio
Language
English
Location
UPLB Main Library Special Collections Section (USCS)
Call Number
LG 995 2000 E8 A37
Recommended Citation
Adriano, Joel Dantes, "An assessment of the Intellectual Property Rights provisions of the Convention on Biological Diversity and the World Trade Organization Agreements" (2000). Graduate Student's Output. 764.
https://www.ukdr.uplb.edu.ph/etd-grad/764