Bridges Weekly Trade News Digest • Volume 12 • Number 27 • 7th August 2008
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INTELLECTUAL PROPERTY RIGHTS AND TRADITIONAL KNOWLEDGE: BIOPIRACY OR BIOPROSPECTING? By Michael J. Krieger, June 2008. This working paper examines issues related to bioprospecting as addressed by the provisions of the Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights, as well as the friction created between the two treaties, in view of their differing goals. “Biopiracy” is a term used to describe the unauthorised use of traditional communities’ knowledge of biological resources. Often, biopiracy is also associated with an unequal share of benefits between a patent holder and the indigenous community whose resource or knowledge has been used. Bioprospecting, on the other hand, is a term used by proponents of the commercialisation of appropriated biological samples, emphasising the mutual benefit that results from such transactions. Two international treaties, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and the Convention on Biological Diversity (CBD), are employed to address the legal aspects of such prospecting agreements. However, the CBD and the TRIPS agreement have generated considerable friction and uncertainty regarding how to interpret such international contracts. This is no surprise, since the two treaties were created with different goals. The CBD’s focus is to protect biological diversity as “a common concern of humankind,” whereas TRIPS promotes private ownership and exploitation of such resources through patents and other means. Harmonisation of the two treaties has been slow, and other solutions relating to a more equitable sharing of biological resources have been proposed. To access the paper, please refer to http://www.bepress.com/ndsip/reports/art15/.
WTO DISPUTE SETTLEMENT: ONE-PAGE CASE SUMMARIES (1995 - 31 DECEMBER 2007). Prepared by the Legal Affairs Division of the WTO with special assistance from the Rules Division and the Appellate Body Secretariat, 16 July 2008. This second edition publication offers case-by-case, single page summaries of panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2007. Intended to facilitate understanding of WTO dispute settlement cases among WTO Members by providing core facts, substantive findings contained in the adopted panel, summaries of key findings on significant procedural matters and, where applicable, Appellate Body reports for each decided case are documented. Other matters of particular significance raised during the proceedings are listed in accompanying footnotes to each case. Cases are indexed by article and by WTO agreement. For further information and to access the publication, please refer to http://www.wto.org/english/res_e/reser_e/dispu_settl_e.htm.
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