Edited by Willem Grosheide
Chapter 13: Human rights as a contraint on intellectual property rights: the case of patent and plant variety protection rights, genetic resources and traditional knowledge
13. Human rights as a constraint on intellectual property rights: the case of patent and plant variety protection rights, genetic resources and traditional knowledge Charles R. McManis* One of the great questions of our time is how to promote global economic development, while at the same time preserving the local biological and cultural diversity of ‘this fragile earth, our island home.’1 The international debate over how to reconcile these two seemingly conflicting goals has increasingly focused on the interplay among three international agreements that have entered into force during the past 15 years.2 * Thomas & Karole Green Professor of Law and Director, Intellectual Property & Technology Law Program, Washington University School of Law. 1 Book of Common Prayer 370 (1977). 2 The international agreements relevant to the legal protection of TK, which is the principal focus of this chapter, range from those that are essentially aspirational in character to those that impose concrete legal obligations backed by international enforcement mechanisms. In the former category are such agreements as the UN International Covenant on Economic, Social, and Cultural Rights, which entered into force in 1976, the International Labor Organization’s Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries, which entered into force in 1991, and the Convention on Biological Diversity (CBD), which entered into force in 1993, and is the first international agreement to make explicit reference to the protection of traditional knowledge. For a discussion of the first two treaties, see below note 24 and accompanying text. For a discussion...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.