The interface between TRIPS and CBD: efforts towards harmonisation

Purpose – The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order...

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Main Authors:	Laxman, Lekha, Ansari, Abdul Haseeb
Format:	Article
Language:	English
Published:	Emerald Group Publishing 2012
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/24801/ http://irep.iium.edu.my/24801/ http://irep.iium.edu.my/24801/ http://irep.iium.edu.my/24801/1/The_interface_between_TRIPS_and_CBD.pdf

id	iium-24801
recordtype	eprints
spelling	iium-248012012-07-12T01:29:14Z http://irep.iium.edu.my/24801/ The interface between TRIPS and CBD: efforts towards harmonisation Laxman, Lekha Ansari, Abdul Haseeb K Law (General) Purpose – The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order to prevent the rapid loss of biodiversity despite the diverse interests of nations. Design/methodology/approach – Within the framework of sustainability, this paper adopts a socio-legal approach by undertaking a content analysis of the relevant treaties and juristic writings that sheds light on the existing matrix of interaction between the two legal instruments. Findings – The findings reveal that there is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the people's freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to development is required, i.e. an all-encompassing functional relation amalgamating distinct development concerns in relevant spheres, especially in economic matters. Practical implications – The paper explores the changes that need to be incorporated in the TRIPS and CBD in order to develop an appropriate normative framework with regards to property in genetic material. Social implications – The research provides amicable solutions that can be explored particularly by the providers of genetic resources, in order to overcome the monumental challenges during the joint implementation of TRIPS and the CBD. Originality/value – The comprehensive review undertaken in this paper enables the stakeholders to explore measures that enable sustainable development without jeopardizing Earth's biodiversity. Emerald Group Publishing 2012 Article PeerReviewed application/pdf en http://irep.iium.edu.my/24801/1/The_interface_between_TRIPS_and_CBD.pdf Laxman, Lekha and Ansari, Abdul Haseeb (2012) The interface between TRIPS and CBD: efforts towards harmonisation. Journal of International Trade Law and Policy, 11 (2). pp. 108-132. ISSN 1477-0024 http://www.emeraldinsight.com/journals.htm/journals.htm?issn=1477-0024&volume=11&issue=2&articleid=17037189&show=html 10.1108/14770021211239640
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Laxman, Lekha Ansari, Abdul Haseeb The interface between TRIPS and CBD: efforts towards harmonisation
description	Purpose – The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order to prevent the rapid loss of biodiversity despite the diverse interests of nations. Design/methodology/approach – Within the framework of sustainability, this paper adopts a socio-legal approach by undertaking a content analysis of the relevant treaties and juristic writings that sheds light on the existing matrix of interaction between the two legal instruments. Findings – The findings reveal that there is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the people's freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to development is required, i.e. an all-encompassing functional relation amalgamating distinct development concerns in relevant spheres, especially in economic matters. Practical implications – The paper explores the changes that need to be incorporated in the TRIPS and CBD in order to develop an appropriate normative framework with regards to property in genetic material. Social implications – The research provides amicable solutions that can be explored particularly by the providers of genetic resources, in order to overcome the monumental challenges during the joint implementation of TRIPS and the CBD. Originality/value – The comprehensive review undertaken in this paper enables the stakeholders to explore measures that enable sustainable development without jeopardizing Earth's biodiversity.
format	Article
author	Laxman, Lekha Ansari, Abdul Haseeb
author_facet	Laxman, Lekha Ansari, Abdul Haseeb
author_sort	Laxman, Lekha
title	The interface between TRIPS and CBD: efforts towards harmonisation
title_short	The interface between TRIPS and CBD: efforts towards harmonisation
title_full	The interface between TRIPS and CBD: efforts towards harmonisation
title_fullStr	The interface between TRIPS and CBD: efforts towards harmonisation
title_full_unstemmed	The interface between TRIPS and CBD: efforts towards harmonisation
title_sort	interface between trips and cbd: efforts towards harmonisation
publisher	Emerald Group Publishing
publishDate	2012
url	http://irep.iium.edu.my/24801/ http://irep.iium.edu.my/24801/ http://irep.iium.edu.my/24801/ http://irep.iium.edu.my/24801/1/The_interface_between_TRIPS_and_CBD.pdf
first_indexed	2023-09-18T20:37:06Z
last_indexed	2023-09-18T20:37:06Z
_version_	1777409119328665600

The interface between TRIPS and CBD: efforts towards harmonisation

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