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Achmad Gusman Siswandi

JOBNAME: Rimmer PAGE: 1 SESS: 6 OUTPUT: Thu Nov 19 10:25:12 2015 14. The Nagoya Protocol: unfinished business remains unfinished Achmad Gusman Siswandi The tenth Conference of the Parties (COP-10) to the Convention on Biological Diversity (CBD) ended with three major outcomes adopted: the Strategic Plan for Biodiversity, 2011–2020; the Strategy for Resource Mobilisation; and the long-awaited Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization 2010 (Nagoya Protocol 2010). The COP-10 itself

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Linda Brice-o Moraia

8. Access to genetic resources and benefit sharing: The Nagoya Protocol in the light of the TRIPS Agreement Linda Briceño Moraia I. INTRODUCTION 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 Biodiversity1 and the Nagoya Protocol2 link access to the subsequent sharing of the benefits

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Riccardo Pavoni and Dario Piselli

of the states’ right to regulate access to ‘their’ genetic resources is essential to promote a coherent implementation of the three objectives of the Convention, namely: (i) the conservation of biological diversity; (ii) the sustainable use of its components; and (iii) the sharing of benefits arising from the utilization of genetic resources. This approach, which has since been expanded by the 2002 Bonn Guidelines 15 and the 2010 Nagoya Protocol, 16 brought about the emergence of the notion of ABS, understood as a crucial means to ensure a reasonable balance

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Angela Daly

Protocol 20102 into European Union law in the form of a regulation. The European Union itself and its constituent Member States individually are all parties to the Convention on Biological Diversity 1992 (of which the Nagoya instrument is a protocol).3 EU law as it currently stands does not address either the implementation of the access or user-compliance pillars of the Nagoya Protocol 2010, hence the proposal of this regulation. 1 Tobias Kiene, ‘Traditional Knowledge in the European Context’, IDDRI working paper, No 02/2006, Ressources Naturelles, http

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Claudio Chiarolla

developments, responsible for the governance of genetic resources subject to national jurisdiction until the present day.11 Without denying the importance of other relevant negotiations, which unfold in fora such as the UN World Intellectual Property Organization,12 the main normative focus of this chapter will be twofold. Namely, it will consider the increasingly pervasive role of international law in providing both general norms – notably, through the CBD and the 2010 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from

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Abbe E.L. Brown

Council Directive 2001/29 on the harmonisation of certain aspects of copyright and related rights in the information society OJL 167 22 June 2001 IP Intellectual property rights IPEG Intellectual Property Enforcement Guidelines 2000 (Canada) ISO International Organization for Standardization ITU International Telecommunication Union Nagoya Protocol Nagoya Protocol on Access and Benefit Sharing to the Convention on Biological Diversity 2010 NGOs Non Governmental Organisations PA UK Patents Act 1977 TAC Treatment Action Campaign TFEU Treaty on the Functioning of the

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Marine Yzquierdo

.3.5 Conclusion V.1.4 Section 3: The Nagoya Protocol on Access to Genetic Resources and Benefit Sharing – Introduction V.1.4.1 The concept of access and benefit-sharing (ABS) V.1.4.2 Background of the negotiations V.1.4.3 Key elements of the Protocol V.1.4.4 Conclusion V.1.5 General conclusion V.1.1 General introduction Conservation of nature is of fundamental importance for human survival and livelihoods. The variety of life on Earth, referred to as biodiversity, includes natural resources and ecosystems in all their different forms, and must

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Claudio Chiarolla

open innovation model’ (ICC, 2014) Innovation and Intellectual Property Series Research Paper 2. 11   Gregory D. Graff et al., ‘The public–private structure of intellectual property ownership in agricultural biotechnology’ (2003) 21 Nature Biotechnology 989. 12   Kal Raustiala and David Victor, ‘The regime complex for plant genetic resources’ (2004) 58(2) International Organization 277. 13   The Preamble of CBD COP Decision X/1 states that: ‘. . . the International Regime is constituted of the Convention on Biological Diversity, the Nagoya Protocol on Access to

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Aarti Gupta and Amandine Orsini

liability: outsourcing rule-making to private actors? III.32.1 Introduction This contribution reviews the current state of knowledge on liability and redress to address potential harm to biodiversity from transboundary movements of genetically modified organisms (GMOs). Environmental liability is broadly understood as the legal responsibility to provide a remedy for damaging the environment, although precise definitions remain contested. 1 Liability and redress relating to GMOs is enshrined in the ‘Nagoya-Kuala Lumpur Supplementary Protocol on Liability and

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Brendan Tobin

September 2007. 5 Article 8 of the International Labour Organization Convention 169 on Indigenous and Tribal Peoples in Independent Countries, Adoption: Geneva, 76th ILC session (27 Jun 1989) (ILO Convention 169) http://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:: P12100_INSTRUMENT_ID:312252 6 Article 12(1) of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (‘Nagoya Protocol’), adopted 29 October 2010, http://www.cbd.int/abs/doc/protocol