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8 - Final observations

from Part III - The protection of traditional knowledge in the international patent system

Published online by Cambridge University Press:  04 August 2010

Jonathan Curci
Affiliation:
Touro International University, Rome
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Summary

Article 27 of TRIPS Agreement has “globalized” IPRs on biotechnology and consequently spawned various controversies on its relation with relevant multilateral environmental treaties and customary norms. The controversies that have arisen during the negotiation of multilateral treaties establishing legal regimes of utilization of GRs (TRIPS, CBD and FAO Treaty) have opposed, on the one side, gene-hunting countries (technologically rich but poor in biodiversity), and, on the other side, gene-endowed countries (technologically poor but rich in biodiversity). The issues involved range from ownership of GRs and the protection of derivatives to the phenomenon of biopiracy, from the problem of preservation and sustainable use of biodiversity to the equitable benefit sharing thereof, including the ethical and moral issues that have been analyzed in this book.

The present study has demonstrated how international IP law is intertwined with other fields of public international law. IP law does not stand in clinical isolation, it rather needs to be interpreted in light of the relevant treaties. TRIPS, CBD, ITPGRFA, their derivative laws and their relationship with general international law have created a thick network of obligations that their State parties have to attentively analyze and comply with. There are various degrees in the acceptance of these treaties that often are monitored by different international organizations, thus revealing the complexities of the contemporary highly interconnected world.

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References

Buzzini, G., La théorie des sources face au droit international général (Graduate Institute of International Studies, Geneva, 2001)Google Scholar
Nijar, G. S., In Defence of Indigenous Knowledge and Biodiversity: A Conceptual Framework and Essential Elements of a Rights Regime (Third World Network, Penang, Malaysia, 1996) 4Google Scholar
Taubman, T., “Genetic Resources”, in Lewinski, S. (ed.), Indigenous Heritage and Intellectual Property: Genetic Resources, Traditional Knowledge and Folklore (Kluwer, The Hague, 2008), 288–281 (2008)Google Scholar
Abi-Saab, G., “Cours général de droit international public” (1987) 207 Le Recueil de Cours de L'Académie de droit international189–90Google Scholar
Biber-Klemm, S. and Berglas, D. Szymura, “Problems and Goals”, in Cottier, T. and Biber-Klemm, S. (eds.), Rights to Plant Genetic Resources and Traditional Knowledge (CABI, 2006) 37–38Google Scholar

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  • Final observations
  • Jonathan Curci
  • Book: The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property
  • Online publication: 04 August 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511770685.009
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  • Final observations
  • Jonathan Curci
  • Book: The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property
  • Online publication: 04 August 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511770685.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Final observations
  • Jonathan Curci
  • Book: The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property
  • Online publication: 04 August 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511770685.009
Available formats
×