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Towards A Southern Agenda on International Investment
The document examines the history and current state of bilateral, regional, and multilateral investment agreements, concluding that the traditional model focuses too heavily on investor protection at the expense of host-state regulatory autonomy and sustainable development goals.
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Document type: Research paper
IP QUARTERLY UPDATE: SECOND QUARTER 2004
The document analyzes the intersection of intellectual property and development, highlighting the risks of fragmented negotiations across different international bodies. It focuses on three critical issues for the September 2004 WIPO General Assembly: the interrelation between the Convention on Biological Diversity (CBD) and IP disclosure requirements, the proposed treaty on the protection of broadcasting organizations, and the future of the Substantive Patent Law Treaty (SPLT). Additionally, it tracks IP-related activities in the WTO, WHO, UNCTAD, and various bilateral 'TRIPS-plus' trade agreements, arguing that developed countries often use bilateral fora to circumvent multilateral flexibilities.
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Document type: Report
INTELLECTUAL PROPERTY AND DEVELOPMENT: OVERVIEW OF DEVELOPMENTS IN MULTILATERAL, PLURILATERAL, AND BILATERAL FORA
The report examines the shift in intellectual property standard-setting from multilateral forums like the WTO and WIPO to bilateral and regional trade agreements. It highlights the risk of "TRIPS-plus" provisions—standards exceeding the WTO's TRIPS Agreement—which erode flexibilities for developing countries. A central focus is the application of non-violation complaints in bilateral deals (e.g., US-Chile, CAFTA), which the authors argue could make WTO discussions irrelevant and restrict the right of states to regulate IP in the public interest. The document also updates activities in the TRIPS Council, WIPO's committees on patents and genetic resources, and various UN agencies regarding traditional knowledge and public health.
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Document type: Report
IP QUARTERLY UPDATE: THIRD QUARTER 2004
The document examines the intersection of intellectual property and development, focusing on the implementation of the ITPGRFA's multilateral system for access and benefit-sharing. It analyzes ambiguities in the treaty regarding the patenting of genetic resources and the enforcement of Material Transfer Agreements (MTAs). Additionally, it tracks IP-related activities in the WTO, WIPO, and various other international bodies, while highlighting a trend where developed nations, particularly the US and EU, pursue 'TRIPS-plus' standards through bilateral and regional free trade agreements to circumvent multilateral flexibilities.
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Document type: Report
Trade and Environment Research: Building a New Research Agenda
The report analyzes the state of trade and environment research, noting a significant volume of work but uneven distribution, with a particular lack of robust research from developing countries. It identifies a shift in focus from direct environmental impacts of trade toward institution building and regulatory effects. The proposed new research agenda emphasizes developing country needs, the proliferation of bilateral and regional agreements, regulatory reform of environmental policies, and specific WTO policy issues such as agriculture and technology transfer.
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Document type: Report
Offsetting the Costs of SA’s Strategic Defence Package
The document examines the industrial offset mechanisms used to mitigate the costs of South Africa's $3.9 billion Strategic Defence Package (SDP). It details the regulatory frameworks of the NIPP and DIP, the specific obligations signed with international contractors, and the progress made in generating economic credits through local investment, technology transfer, and export promotion as of March 2003.
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Document type: Research paper
Intellectual Property Rights Public Health
The document details the deadlock in the WTO TRIPs Council over a solution for countries lacking pharmaceutical manufacturing capacity to use compulsory licensing, highlighting disagreements between the US and developing countries over disease coverage. It also examines disputes over the multilateral system for geographical indications (GIs) and outstanding implementation issues concerning biodiversity and traditional knowledge.
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Document type: Briefing
Developments Since the Fourth WTO Ministerial Conference Doha Mandates
The document reviews the status of 'implementation issues' following the Doha Ministerial Declaration, noting a fundamental disagreement over whether these issues are subject to negotiation or mere discussion. It details a pattern of missed deadlines and a lack of consensus across several key areas, including textiles, anti-dumping measures, and subsidies, where developing countries seek to rectify perceived imbalances from the Uruguay Round without making further trade-offs.
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Document type: Briefing
Trade and Transfer of Technology
The document outlines the efforts of the WTO Working Group on Trade and Transfer of Technology (WGTTT) to increase technology flows to developing countries. It highlights a divide between developing nations, who seek the full implementation of technology transfer clauses and capacity-building, and developed nations, such as the US, which prefer an analytical approach that does not interfere with existing WTO obligations. The briefing also details the role of the TRIPS Agreement, specifically Article 66.2 regarding incentives for least-developed countries, and the differing perspectives of the EU, Canada, Brazil, and China on the mechanisms of technology transfer.
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Document type: Briefing
The TRIPS Agreement and Biological Diversity
The document analyzes the tension between the TRIPS Agreement's intellectual property protections and the CBD's goals of biodiversity conservation and equitable benefit sharing. It explores how patenting biological resources can conflict with national sovereignty and the rights of indigenous peoples, while also discussing the complex role of intellectual property rights (IPRs) in facilitating or inhibiting technology transfer to developing countries. The author suggests that mandatory disclosure of the origin of genetic materials could mitigate 'biopiracy' and that developing countries could better utilize IPRs, such as trademarks and geographical indications, to add value to their own genetic resources.
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Document type: Research paper
Taking the Doha Language Seriously: The WTO as if Sustainable Development Really Mattered
The author argues that achieving sustainable development within the WTO requires moving beyond narrow commercial objectives toward integrated impact assessments and institutional reforms. Key recommendations include enhancing national-level capacity for environmental and development assessments, transforming the Committee on Trade and Environment (CTE) and Committee on Trade and Development (CTD) into 'watchdog' bodies, and increasing public participation and transparency in both negotiations and dispute settlements.
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Document type: Research paper
BRIEF ON THE TREATMENT OF INTELLECTUAL PROPERTY IN THE DOHA WTO MINISTERIAL DECLARATION: MANDATED NEGOTIATIONS AND REVIEWS
The document assesses the Doha Ministerial Declaration and related decisions, arguing that developing countries must adopt an integrated, horizontal interpretation of these texts to effectively rebalance the TRIPS Agreement. It highlights immediate gains in public health and pharmaceutical exemptions for least-developed countries, while warning against the precedent of a multilateral register for wines and spirits and the potential for 'TRIPS plus' proposals under the review of 'new developments'.
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Document type: Briefing
Иностранные инвестиции и их привлечение для целей устойчивого развития
The document analyzes the drivers of foreign direct investment (FDI) and the potential positive and negative impacts on the host country's economy, environment, and social fabric. It argues that while liberalizing legal frameworks is a common first step, sustainable development requires a comprehensive approach including strong national institutions, environmental regulations, and strategic 'third-generation' policies. The report specifically warns against the risks of international investment treaties, such as the Energy Charter Treaty and NAFTA, which may limit a government's ability to regulate for public health and environmental protection through closed-door arbitration processes.
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Document type: Report
WWF-CIEL Discussion Paper
The paper examines the intersection of MEAs and the WTO, highlighting conflicts regarding trade measures, the precautionary principle, and intellectual property rights. It argues that the current lack of legal certainty inhibits the implementation of environmental agreements and proposes legal clarifications, sustainability assessments, and enhanced inter-institutional cooperation to align trade and environmental governance.
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Document type: Research paper
PRELIMINARY COMMENTS ON TRIPS-RELATED ASPECTS OF FIRST DRAFT MINISTERIAL DECLARATION AND FIRST DRAFT DECISION ON IMPLEMENTATION: IMPLICATIONS FOR DEVELOPING COUNTRIES (TEXTS OF SEPTEMBER 2001)
The briefing argues that the draft WTO texts fail to adequately address developing country concerns, ignore the need to rebalance the TRIPS Agreement, and use vague language that may favor developed nations' interests over those of the South.
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Document type: Briefing
Whither MEAs?
The document argues that international environmental management is a complex system of regimes that should be strengthened through institutional improvement rather than a centralized 'World Environment Organization'. It proposes clustering MEAs by problem structure—such as the conservation, global atmosphere, hazardous substances, marine pollution, and extractive resources complexes—and pooling resources for shared institutions like science assessment and implementation review. The author emphasizes that the trade regime's hierarchical structure is ill-suited for environmental issues, which require subsidiarity and diversified governance. Key recommendations include creating a Standing Conference on Trade and Environment, reforming the United Nations Environment Programme (UNEP), and addressing the 'Achilles heel' of technology transfer through better integration of intellectual property rights and sustainable investment.
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Document type: Research paper
On Clustering International Environmental Agreements
The document argues that the current structure of international environmental management is overly complex and fragmented, with over 300 agreements. It proposes 'clustering'—the coordination of related regimes through shared tools—as a realistic alternative to the 'daunting task' of merging agreements. The author identifies specific tools for clustering, such as the colocation of Conferences of Parties (COPs), joint financial incentives, and shared science assessment mechanisms. The paper categorizes existing agreements into five potential clusters: the Conservation Complex, the Global Atmosphere, the Hazardous Substances Complex, the Marine Environment Complex, and the Extractive Resources Complex, while also suggesting regional clustering for land-use and river basin issues. It concludes that the success of this process depends on the identification of national 'champions' to lead negotiations.
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Document type: Research paper
TOWARDS A FULL REVIEW OF THE WTO’S TRIPS AGREEMENT UNDER ARTICLE 71.1
The document examines the implementation of the TRIPS Agreement, highlighting how strengthened intellectual property rights may hinder technology transfer and competition in developing countries. It advocates for the use of compulsory licensing, the imposition of obligations on patent holders, and the introduction of general exceptions to protect public health and the environment.
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Document type: Research paper
Joint Discussion Paper
The document analyzes how the TRIPS Agreement's minimum standards for intellectual property rights may undermine the CBD's goals regarding access and benefit sharing, the protection of traditional knowledge, technology transfer, and biodiversity conservation. It argues that current IPR systems often favor private commercial interests in developed nations over the sovereign rights of provider countries and the rights of indigenous communities. To resolve these conflicts, the authors recommend that the WTO grant the CBD permanent observer status, revise patent application requirements to include country-of-origin disclosures, and conduct a 'sustainability review' of the TRIPS Agreement under Article 71.1. National-level recommendations include implementing binding access and benefit sharing schemes and utilizing the flexibility in 'sui generis' plant variety protection to safeguard farmers' rights and traditional knowledge.
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Document type: Report
“En nombre de mi delegación,...”
The document serves as an emergency manual for negotiators from the Global South, particularly those who are scientists or environmentalists transitioning into diplomatic roles. It details the operational structure of the climate regime, the importance of coalitions like the G-77 and China, and the specific challenges faced by developing nations, such as 'contentless mandates' and weak bargaining power. The guide offers practical strategies for drafting texts, managing informal negotiation processes, and optimizing the performance of small or single-person delegations.
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Document type: Guide