TRIPS and Developing Countries

TRIPS and Developing Countries

Towards a New IP World Order?

Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi

TRIPS reflects the dominant view that enforcing strong intellectual property rights is necessary to solve problems of trade and development. The global ensemble of authors in this collection ask, how can TRIPS mature further into an institution that supports a view of economic development which incorporates the human rights ethic already at work in the multilateralist geopolitics driving international relations? In particular, how can these human rights, seen as encompassing a whole ‘new’ set of collective interests such as public health, environment, and nutrition, provide a pragmatic ethic for shaping development policy? Some chapters address these questions by describing recent successes, while others propose projects in which these human rights can provide ethical ground for influencing the forces at play in development policies.

Chapter 8: Access to genetic resources and benefit sharing: The Nagoya Protocol in the light of the TRIPS Agreement

Linda Brice-o Moraia

Subjects: development studies, law and development, law - academic, intellectual property law, international economic law, trade law, law and development


Access to and utilization of genetic resources express the tension between two different interests: one of the entity who exercises sovereignty over genetic resources located in a given territory and the one of third parties seeking access to those resources in order to undertake scientific research. The Rio Convention on Biodiversity and the Nagoya Protocol link access to the subsequent sharing of the benefits arising from the exploitation of the resources, in order to promote the transfer of technology and the spread of the associated knowledge among the so-called industrialized countries and developing countries.

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