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PROTOCOLE BIOCULTUREL COMMUNAUTAIRE DES COMMUNAUTES LOCALES DU FOKONTANY SAHANDRAZANA, COMMUNE RANOMAFANA, REGION VATOVAVY
The document is a Community Biocultural Protocol (PBC) for the local communities of Fokontany Sahandrazana, located in the Commune of Ranomafana, Vatovavy Region. Validated in June 2023, it serves as a guide for external actors—such as researchers, students, and entrepreneurs—on the procedures, values, and conditions required to obtain prior informed consent for the collection and use of genetic resources and associated traditional knowledge within the territory.
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Document type: Guide
Biological Diversity: Protecting the variety of life on Earth
This policy brief outlines the international governance of biodiversity, focusing on the Convention on Biological Diversity (CBD) and its associated protocols. It details the shift from species-based to area-based conservation, the challenges of ensuring fair benefit-sharing from genetic resources, and the regulatory complexities introduced by emerging technologies like synthetic biology and digital sequence information (DSI). The document emphasizes the urgency of moving away from "business as usual" to reverse biodiversity loss and achieve sustainable development goals.
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Document type: Policy brief
The Ambiguous March to Equity
This commentary analyzes the limitations of the draft European Union (EU) Regulation on Access and Benefit Sharing (ABS), arguing that its narrow scope, administrative 'light touch' approach, and specific loopholes undermine the spirit of the Convention on Biological Diversity (CBD) and the Nagoya Protocol.
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Document type: Report
Access or Utilisation – What Triggers User Obligations?
This report by Natural Justice and the Berne Declaration critiques a draft European Commission (EC) Regulation for implementing the Nagoya Protocol. The authors argue that the draft's focus on 'access' as the trigger for user obligations, rather than 'utilisation', creates legal uncertainty for EU users and undermines the Protocol's goal of fair and equitable benefit-sharing.
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Document type: Report
Open Letter to Member States of the International Union for the Protection of New Varieties of Plants (UPOV)
An open letter from civil society organizations to the Member States of the International Union for the Protection of New Varieties of Plants (UPOV), urging the adoption of clear, objective, and public guidelines for civil society participation and access to information ahead of the Thirty-Ninth Ordinary Session of the UPOV Council on October 27, 2005.
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Document type: Statement
Dialogue on Disclosure Requirements: Incorporating the CBD Principles in the TRIPS Agreement
This policy brief analyzes the principle of Prior Informed Consent (PIC) within the context of the Convention on Biological Diversity (CBD) and the TRIPS Agreement. It argues that mandatory international disclosure requirements for PIC in patent applications are necessary to prevent the misappropriation of genetic resources and traditional knowledge, ensuring a more equitable intellectual property system.
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Document type: Policy brief
The TRIPS Agreement and Biological Diversity
This research paper by the International Institute for Sustainable Development examines the potential conflicts and synergies between the WTO's TRIPS Agreement on intellectual property and the Convention on Biological Diversity (CBD). It analyzes how patent laws regarding biological resources, technology transfer, and traditional knowledge intersect with national sovereignty and the goal of equitable benefit sharing.
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Document type: Research paper
REVIEW OF ARTICLE 27.3(B)
This research paper by the Center for International Environmental Law (CIEL) examines the review of Article 27.3(b) of the TRIPS Agreement. It argues that strong intellectual property (IP) protections over life-forms may hinder development in developing countries by restricting innovation, increasing market concentration, and conflicting with the objectives of the Convention on Biological Diversity (CBD).
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Document type: Research paper
tripsmay01-5f3ca590e96831bd.pdf
This joint discussion paper by the Center for International Environmental Law (CIEL) and WWF International examines the tensions between the Convention on Biological Diversity (CBD) and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It analyzes how intellectual property rights (IPRs) can hinder the CBD's goals regarding benefit sharing, traditional knowledge, and technology transfer, and provides a set of international and national recommendations to harmonize these legal frameworks.
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Document type: Report
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response
This briefing note, prepared by the South Centre and the Center for International Environmental Law (CIEL), proposes a framework for the World Intellectual Property Organization (WIPO) to respond to a request from the Convention on Biological Diversity (CBD). The document argues that WIPO's examination of the interrelation between genetic resource access and intellectual property disclosure requirements must support CBD objectives, recognize the CBD's leading role in biodiversity issues, and integrate sustainable development goals.
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Document type: Briefing
globaltrade_biocon_1996-27937d395398f024.pdf
This report chapter analyzes the Convention on Biological Diversity (CBD) as a pioneering legal instrument that integrates environmental conservation with economic and trade goals. It specifically examines the CBD's regime for the trade of genetic resources, its recognition of the role of local and indigenous communities in sustainable production, and the contrast between the CBD's ecological economics approach and the neoclassical economic views prevalent in traditional trade agreements like GATT and NAFTA.
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Document type: Report
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements
The Center for International Environmental Law (CIEL) provides observations on the first draft of the World Intellectual Property Organization's (WIPO) response to a request from the Convention on Biological Diversity (CBD). CIEL argues that WIPO must recognize the CBD's leading role in biodiversity issues and ensure that international intellectual property rules are modified to prevent the misappropriation of genetic resources and traditional knowledge through mandatory disclosure requirements.
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Document type: Statement
Experiences and Lessons Learned from the Development and Implementation of Community Protocols and Procedures
This report by Natural Justice and the ABS Capacity Development Initiative provides lessons and case studies on the development of community protocols in Africa to facilitate Access and Benefit Sharing (ABS) of genetic resources and associated traditional knowledge (aTK) under the Nagoya Protocol.
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Document type: Report
ABS PICTURE BOX COMMUNICATING ACCESS AND BENEFIT-SHARING TO COMMUNITIES ACROSS AFRICA
The ABS Picture Box is a communication tool developed by Natural Justice and the ABS Capacity Development Initiative to explain Access and Benefit-sharing (ABS) to indigenous peoples and local communities across Africa. It uses a narrative-driven set of eight picture cards to simplify complex legal and technical concepts regarding genetic resources and traditional knowledge for audiences with low literacy levels or language barriers.
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Document type: Guide