susdev_ip_envimpact_june1991-55b198b5236bfc7a.pdf

This research paper examines the intersection of international intellectual property (IP) rights, global trade, economic development, and environmental protection. It analyzes how IP regimes—specifically patents, copyrights, and trademarks—impact the transfer of environmentally sound technologies and the conservation of biological diversity, focusing on the tensions between industrialized nations (led by the US) and developing countries within frameworks like GATT, NAFTA, and the UN Conference on Environment and Development (UNCED).

• The United States opposed the Convention on Biological Diversity because it viewed the treaty as a threat to US biotechnology, an industry where the US maintains a competitive edge through IP enforcement.
• Developing countries argue that strict IP protection acts as a non-tariff trade barrier and infringes on national sovereignty, particularly regarding public policy exemptions and compulsory licensing for national priorities.
• The GATT TRIPS code (specifically the Dunkel Draft) attempts to reconcile conflicting views on patentable subject matter by allowing exclusions to protect public order, morality, human, animal, or plant life, and the environment, provided the exclusion is not based solely on domestic law.
• The US utilizes 'Special 301' trade sanctions to unilaterally pressure other countries into strengthening their IP protections by listing countries with inadequate regimes as 'priority offenders' or on 'watch lists'.
• Developing countries seek 'fair and equitable' sharing of benefits and compensation for the use of their biological resources and traditional indigenous knowledge by pharmaceutical companies and researchers in industrialized nations.
• The impact of IP rights on the transfer of environmentally sound technology is debated; while some argue IP costs are a barrier, others suggest much environmental technology is already in the public domain or that IP incentives actually drive the innovation of such technologies.
• Kenya's patent law includes specific exemptions for inventions that contradict public health, safety, morality, and environmental conservation.
• The US has pushed for more stringent IP provisions in NAFTA than those in the GATT TRIPS code, including the rejection of international exhaustion of patent rights and the prohibition of unauthorized parallel imports.

APA

Center for International Environmental Law (n.d.). susdev_ip_envimpact_june1991-55b198b5236bfc7a.pdf. https://www.ciel.org/wp-content/uploads/2015/04/SusDev_IP_EnvImpact_June1991.pdf

Chicago

Center for International Environmental Law. susdev_ip_envimpact_june1991-55b198b5236bfc7a.pdf. n.d. https://www.ciel.org/wp-content/uploads/2015/04/SusDev_IP_EnvImpact_June1991.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=susdev_ip_envimpact_june1991-55b198b5236bfc7a.pdf |url=https://www.ciel.org/wp-content/uploads/2015/04/SusDev_IP_EnvImpact_June1991.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallawndsusdevipenvimpactjune199155b198b5236bfc7apdf, author = {{Center for International Environmental Law}}, title = {{susdev\_ip\_envimpact\_june1991-55b198b5236bfc7a.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/04/SusDev_IP_EnvImpact_June1991.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }