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An assessment of the Intellectual Property Rights provisions of An assessment of the Intellectual Property Rights provisions of the Convention on Biological Diversity and the World Trade the Convention on Biological Diversity and the World Trade Organization Agreements
Organization Agreements
Joel Dantes Adriano
University of the Philippines Los Baños
Follow this and additional works at: https://www.ukdr.uplb.edu.ph/etd-grad Part of the Agriculture Commons
Recommended Citation 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
AN ASSESSMENT OF THE INTELLECTUAL PROPERTY RIGHTS PROVISIONS OF THE CONVENTION ON BIOLOGICAL DIVERSITY
AND THE WORLD TRADE ORGANIZATION AGREEMENTS
JOEL DANTES ADRIANO
SUBMITTED TO THE SCHOOL OF ENVIRONMENTAL SCIENCE AND MANAGEMENT
UNIVERSITY OF THE PHILIPPINES LOS BASIOS IN PARTIAL FULFILLMENT OF THE REQUIREMENTS
FOR THE DEGREE OF
MASTER OF SCIENCE (Environmental Studies)
June, 2000
B
Dean, School of EnAN I I
ental Science and Management
The thesis attached hereto entitled "AN ASSESSMENT OF THE INTELLECTUAL PROPERTY RIGHTS PROVISIONS OF THE CONVENTION ON BIOLOGICAL
DIVERSITY AND THE WORLD TRADE ORGANIZATION AGREEMENTS," prepared and submitted by JOEL DANTES ADRIAN° in partial fulfillment of the requirements for the degree of Master of Science (Environmental Studies) is hereby accepted.
NIC Me
S D. BRIONES LU uidance Committee
CIO M. R mber, Guidance
GIO ommittee
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Date Signed
ODEL D. LASCO Member, Guidance Committee
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Date Signed,9dIV Date Signed
BE M YA161GIII Ch uidance Committee
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4C- .9e)24) Date SignedAccepted in partial fulfillment of the requirements for the degree of Master of Science (Environmental Studies).
ate Signed
RITA P. LAUDE Dean, Graduate School University of the Philippines
Los Banos
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Date Signed
TABLE OF CONTENTS
CHAPTER PAGE
I INTRODUCTION 1
Statement of the Problem 3
Objectives of the Study 3
Significance of the Study 4
Limitations of the Study 5
Operational Definition of Terms 6
Conceptual Framework 8
II REVIEW OF RELATED LITERATURE 10
A. Biodiversity Convention 11
1. History and Rationale 11
2. Structure 15
3. Objectives 16
a. The Cartagena Biosafety Protocol 18
b. Benefit Sharing and the IPR Issue 20
i. Farmer's Rights 21
ii. Indigenous Peoples 22
B. World Trade Organization 23
1. Historical Overview 23
2. Dealing with Issues 25
a. Technical Barriers to Trade and SPS Measures 26
b. Trade Reforms in Agriculture 27
c. Environmental Concerns 27
d. Trade Related Aspects of Intellectual Property Rights 28
III METHODOLOGY 31
Research Design 31
Sampling Framework 31
Procedure for Data Collection 32
Procedure for Data Analysis 33
IV RESULTS AND DISCUSSION 34
Provisions Linking Environment and Trade 34
Sovereign Rights 35
Local/Farmer's Rights 38
Indigenous Community Rights 42
CHAPTER PAGE
V SUMMARY, CONCLUSION AND RECOMMENDATIONS 44
LITERATURE CITED 48
LIST OF TABLE
Table Page
1 Major drugs derived from plants 14
LIST OF BOXES
Box Page
1 The GATT Rounds 24
2 Presumed advantages of providing adequate protection of IPR 29
LIST OF ACRONYMS AIA Advanced Informed Agreement
ASEAN - Association of Southeast Asian Nations CBD Convention on Biological Diversity
CITES Convention on International Trade of Endangered Species of Wild Fauna and Flora
COP - Conference of the Parties EC European Community
GATT General Agreement on Tariffs and Trade IPR Intellectual Property Rights
ISS Interpretative social sciences LMO Living-modified organism
NAFTA North American Free Trade Agreement NGO Non-government organization
PAWB - Protected Areas and Wildlife Bureau PBR Plant breeder's rights
PC SD Philippine Council on Sustainable Development PVP Plant Variety Protection
QR Quantitative restrictions
SACU - Southern African Consumers Union
SBSTTA Subsidiary Body on Scientific, Technical and Technological Advice SPS Sanitary and Phytosanitary
TBT - Technical Barriers to Trade
TRIPs Trade-Related Aspects of Intellectual Property Rights
UNCED United Nations Conference on Environment and Development UNCTAD - United Nations Conference on Trade and Development UNEP United Nations Environment Programme
UPOV Union Internationale Pour la Protection des Obtentious Vegetales, also known in English as the International Organization for Plant Variety Protection
UR Uruguay Round
WRI - World Resources Institute WTO World Trade Organization
ABS TRACT
ADRIANO, JOEL D. University of the Philippines Los Banos. May 2000. An Assessment of the Intellectual Property Rights Provisions of the Convention on Biological Diversity and the World Trade Organization Agreements.
Major Professor: Dr. Ben S. Malayang III
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 access and 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.
