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Climate Change and energy team
The IISD Climate Change and Energy Team focuses on mitigation, adaptation, and capacity building to address global climate change. Key initiatives include the Inuit Observations on Climate Change project, the Climate Change Knowledge Network (CCKN), and the development of a continental energy strategy. The team collaborates with indigenous peoples, governments, the private sector, and international organizations like IUCN and the Stockholm Environment Institute to promote sustainable development and renewable energy.
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Document type: Fact sheet
U.S. Patent and Trademark Office Reinstates Ayahuasca Patent
The document argues that the U.S. Patent and Trademark Office (PTO) erred in reinstating Loren Miller's patent for 'Da Vine,' a variety of ayahuasca. It contends the PTO ignored evidence that the plant's flower color was not distinct from existing varieties, misapplied the legal standard for patentability by using an infringement test from the Imazio case, and violated procedural rules by allowing Miller to submit new evidence after a final rejection while denying similar opportunities to indigenous organizations. The author concludes that the decision reflects a systemic failure to protect the traditional knowledge and biological resources of indigenous peoples in the Amazon Basin.
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Document type: Briefing
REVIEW OF ARTICLE 27.3(B)
The document argues that strong intellectual property rights over life-forms may hinder development in developing countries by creating barriers to investment, innovation, and competition. It asserts that Article 27.3(b) allows for flexible 'sui generis' systems for plant variety protection and highlights potential legal conflicts between the TRIPS Agreement and the Convention on Biological Diversity (CBD).
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Document type: Research paper
Inuit Observations on Climate Change Final Report
The report details a project in Sachs Harbour, Banks Island, where Inuvialuit observations confirm significant climate warming, including later autumn freeze-ups, earlier spring thaws, and melting permafrost. The project combined participatory workshops and scientific interviews to produce a broadcast-quality video and seven journal articles, aiming to raise public awareness and influence decision-makers. Findings highlight the value of traditional knowledge in providing detailed historical narratives and identifying environmental linkages that complement Western science.
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Document type: Report
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
Legal Elements of the “Ayahuasca” Patent Case
The Center for International Environmental Law (CIEL), on behalf of COICA and the Amazon Coalition, is challenging Plant Patent No. 5,751 issued to Loren Miller for a variety of Banisteriopsis caapi called “Da Vine.” The challenge argues the patent is invalid because the plant's medicinal qualities were already known as “prior art” through indigenous use, its physical features are typical of the species, and it is found in an uncultivated state in the Amazon basin. Beyond this specific case, the authors argue that the U.S. patent system fails to recognize traditional knowledge systems and risks the appropriation of biological diversity without consent or compensation, urging the Patent and Trademark Office (PTO) to develop new principles to balance private rights with the public domain.
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Document type: Briefing
DETAILED STATEMENT IN SUPPORT OF REQUEST FOR REEXAMINATION OF U.S. PLANT PATENT NO. 5,751
The Center for International Environmental Law (CIEL), representing COICA and the Amazon Coalition, requests the reexamination of U.S. Plant Patent No. 5,751 for the 'Da Vine' cultivar of Banisteriopsis caapi. The request argues that the patent is invalid because the plant's characteristics—specifically its rose-colored flowers—are typical of the species and documented in prior art from U.S. herbaria. Furthermore, the document asserts that the plant is found in an uncultivated state and that granting a patent over a sacred plant used in indigenous Amazonian religious and medicinal traditions violates public policy and international principles like the Convention on Biological Diversity.
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Document type: Statement
Community Registries of Biodiversity-Related Knowledge
The document analyzes the use of registries and databases to document traditional knowledge associated with biodiversity. It evaluates how existing intellectual property (IP) frameworks—including copyright, patents, trade secrets, and the European Union's sui generis database rights—interact with these registries. The authors highlight a fundamental tradeoff: public registries promote preservation and can prevent third-party patenting by establishing 'prior art,' but they also increase the risk of misappropriation due to the limited legal protection for traditional knowledge. Case studies from India (People's Biodiversity Registers and SRISTI's Honey Bee) and Canada (Inuit of Nunavik and Dene) illustrate different approaches to documentation and access control. The paper concludes that current international law is inadequate for protecting traditional knowledge and suggests a combination of national legislation, professional codes of practice, and international multistakeholder institutions to ensure equitable benefit-sharing.
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Document type: Research paper
Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge
The document examines how trademarks and geographical indications (GIs) can be used to reward sustainable production and protect traditional knowledge. Through case studies of kava, rooibos tea, quinoa, basmati rice, and neem, it assesses the viability of these legal tools in creating niche markets that benefit local custodians of biodiversity while preventing unauthorized commercial exploitation.
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Document type: Research paper
Global Trade, Local Economies, and the Convention on Biological Diversity
The Convention on Biological Diversity is presented as a pioneering effort to balance economic and environmental issues within a single legal instrument. It is characterized as a sustainable trade agreement that requires trade in genetic resources to occur within a framework ensuring sustainable production processes. The document highlights the Convention's role in protecting the traditional knowledge and customary resource uses of indigenous communities, contrasting this with international trade law's historical lack of consideration for environmental protection and indigenous rights.
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Document type: Research paper
SUSTAINABLE DEVELOPMENT(PATENT PENDING)
The document analyzes the tension between the push for stronger international intellectual property (IP) protections—led primarily by the United States through GATT, NAFTA, and 'Special 301' actions—and the needs of developing countries for technology transfer and fair compensation for biological resources. It explores how IP rights can act as both a potential barrier to the dissemination of environmentally sound technologies and a possible incentive for sustainable innovation. Specifically, it discusses the conflict surrounding the Convention on Biological Diversity, where the US refused to sign due to concerns that 'fair and equitable' sharing of biotechnology benefits would undermine IP rights. The author concludes that while IP monopolies can increase costs for poorer nations, they are not inherently inimical to environmental protection and may actually encourage the development of green technologies.
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Document type: Research paper
Community Radios and Climate Change Communication: Mapping Grassroots Experiences of the ‘Shubh Kal’ Project in Bundelkhand, Central India
The 'Shubh Kal' pilot project tested a communication model in Bundelkhand, Central India, using community radio to connect vulnerable farmers with scientific and government experts. By training 35 radio reporters in climate change journalism, the project produced 12 radio shows per station using an 'infotainment' approach in local dialects. Findings indicate that the project improved reporters' technical knowledge and confidence, increased farmer awareness of adaptation measures like organic composting and rainwater harvesting, and provided scientists with insights into traditional farming knowledge. The project concluded that community radio can effectively facilitate two-way communication to support climate-resilient development.
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Document type: Research paper
Resilience Interventions
The document outlines a two-exercise process for selecting climate resilience interventions. First, interventions are scored based on five resilience indicators: redundancy, flexibility and diversity, re-organisation and responsiveness, access to documentation and learning, and energy saving/GHG mitigation potential. Second, high-scoring interventions are evaluated for feasibility (technical, political, social, cost-benefit, and responsibility) and impact (timeframe and overall effect), with a strong emphasis on gender equality and the empowerment of women and girls.
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Document type: Guide
catalystsofchange-projectreport-12bc452e10895e5f.pdf
The report investigates how local multi-stakeholder platforms can catalyze the integration of Disaster Risk Reduction (DRR) and Climate Change Adaptation (CCA) in India. Focusing on the arid regions of Leh and Barmer, the project utilized household surveys, resource mapping, and the installation of an Automatic Weather Station to identify climate-induced risks and policy gaps. Key findings indicate that while local communities perceive clear trends in rising temperatures and erratic precipitation, government policies remain fragmented and compartmentalized. The project successfully implemented community-led initiatives, such as a radio program in Barmer and a climate school in Leh, to amplify local voices and provide scientific weather data for agricultural adaptation. The report concludes that the district level is the most optimal point for the convergence of DRR and CCA to drive upward policy transformation.
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Document type: Report
What agenda for the review of TRIPS?: A sustainable development perspective
The document argues that the TRIPS Agreement is imbalanced, favoring producers and Northern countries over consumers and Southern countries, which undermines sustainable development. It analyzes the Doha Ministerial Declaration's role in addressing public health, the need for technology transfer to least-developed countries, and the conflicts between TRIPS and the Convention on Biological Diversity (CBD). The author advocates for the protection of traditional knowledge through sui generis systems and the requirement of prior informed consent for the use of genetic resources in patent applications.
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Document type: Briefing
CBD Request to WIPO on the Interrelation of Access to Genetic Resources and Disclosure Requirements Establishing an adequate framework for a WIPO Response
The briefing argues that WIPO's examination of disclosure requirements in intellectual property applications must not run counter to the objectives of the Convention on Biological Diversity (CBD). It emphasizes that the CBD should maintain its leading role in biodiversity issues, while WIPO's role should be limited to reflecting ongoing discussions within its own bodies—such as the Standing Committee on the Law of Patents—rather than providing definitive guidelines. The document also stresses the need to integrate a development dimension, aligning with UN goals like the Millennium Declaration, to prevent the misappropriation of genetic resources and ensure fair benefit-sharing for provider countries.
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Document type: Briefing
SUMMARY REPORT FROM COP19 DIALOGUE ON CLIMATE CHANGE AND COMMUNITY‐BASED RELOCATION: SUPPORTING ADAPTATION, PROTECTING HUMAN RIGHTS
The report details discussions from a COP19 workshop on climate-induced relocation, highlighting the extreme financial costs for communities in Alaska and the Pacific, the need for national relocation policies, and the tension between voluntary adaptation and forced loss and damage. It emphasizes the importance of community-led decision-making to protect cultural identity and calls for better integration of relocation into UNFCCC frameworks like NAPAs and the Loss and Damage mechanism.
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Document type: Report
epa_synthesis_4june07-4c90ab0d2b447875.pdf
The document argues that the EU's proposed intellectual property (IP) provisions in Economic Partnership Agreements (EPAs) with ACP countries are premature and potentially harmful to development. It highlights concerns that the proposals omit public interest safeguards, restrict farmers' rights through UPOV 1991, fail to address biopiracy regarding traditional knowledge, and impose enforcement standards that exceed TRIPS requirements and the administrative capacities of ACP nations.
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Document type: Policy brief
GLOBAL TRADE, LOCAL ECONOMIES, AND THE BIODIVERSITY CONVENTION
The document analyzes the Convention on Biological Diversity as an innovative legal instrument that integrates ecological economics into trade. It highlights the shift from viewing genetic resources as a 'common heritage' to a regime of sovereign control and equitable benefit-sharing. The author argues that local and indigenous economies are often more sustainable than industrial ones and emphasizes the importance of Articles 8(j) and 10(c) in protecting traditional knowledge and customary resource use. The text concludes by recommending that the United States ratify the convention and that its principles serve as minimum standards for international trade law.
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Document type: Report
guialegaldebiocomercio-ca9f2237bed76d1d.pdf
The guide provides a comprehensive analysis of the legal frameworks governing the trade of tangible and intangible biodiversity assets in the Andean Region. It examines the Convention on Biological Diversity (CBD) and Andean Community (CAN) Decision 391 regarding genetic resources, the CITES convention for endangered species, and WTO agreements (Agriculture, SPS, TBT, and GATS) for agricultural and intermediate products. It also addresses the protection of traditional knowledge, intellectual property rights, and the opportunities for Andean countries to participate in the Clean Development Mechanism (CDM) under the Kyoto Protocol to mitigate climate change.
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Document type: Guide