Towards a New IP World Order?
Edited by Gustavo Ghidini, Rudolph J.R. Peritz and Marco Ricolfi
Chapter 8: Access to genetic resources and benefit sharing: The Nagoya Protocol in the light of the TRIPS Agreement
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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