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Journal of Intellectual Property Law & Practice Advance Access originally published online on March 6, 2008
Journal of Intellectual Property Law & Practice 2008 3(5):334-338; doi:10.1093/jiplp/jpn032
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© The Author (2008). Published by Oxford University Press. All rights reserved

Protection and conservation—TRIPs and CBD: a way forward

Rahul Goel *

Legal context: There is a complex relationship and interplay between TRIPs and CBD, two multilateral agreements adopted to attain inherently distinctive objectives.

Key points: The CBD/TRIPs issue has been discussed in the WTO since 1996 in the Committee on Trade and Environment, and has been on the agenda of the TRIPs Council since 1999. At the WTO Doha Ministerial Meeting in 2001, a Trade Minister made reference to the issue in paragraphs 12 and 19, instructing the Council for TRIPs to look into the relations between TRIPs and CBD. The discussion in the TRIPs Council has gone into considerable detail with a number of ideas and various proposals have been mooted to deal with the same.

Practical significance: This paper attempts to discuss and analyse the areas of possible conflict and reasons for such conflicts. It also seeks to gain an insight into the thought-process of the various stakeholders, then discusses alternative courses of action, and attempts to chart the way forward.

Key Words: Although issues such as NAMA dominated the 2005 WTO Ministerial Conference, TRIPs and CBD were also under the spotlight. • This article discusses the complex interplay between TRIPs and CBD, two multilateral agreements adopted to attain inherently different objectives. • The author analyses the areas of possible conflict and reasons for them and seeks to gain an insight into the thought-processes of the various stakeholders, discussing the options for future action.

* The author, who is licensed to practise as an Advocate in India, is associated with Seth Dua & Associates, Solicitors & Advocates, New Delhi, India. He holds an LL.M in Information Technology, Media, and E-Commerce Laws and is also a qualified software engineer. His practice focuses on IP laws, WTO laws, Technology & Telecom laws, Competition laws, and Regulatory Affairs. Email: rahul{at}goel.co.in


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