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Disclosure Requirements: Ensuring mutual supportiveness between the WTO TRIPS Agreement and the CBD
The document examines the conflict between global intellectual property (IP) regimes and the Convention on Biological Diversity (CBD), focusing on 'biopiracy'—the misappropriation of genetic resources and traditional knowledge. It argues that requiring patent applicants to disclose the source of biological materials and provide evidence of prior informed consent (PIC) and benefit-sharing would create synergies between trade and biodiversity goals. While some experts suggest national or voluntary measures, others advocate for mandatory amendments to the TRIPS Agreement to ensure a level playing field. The report highlights specific cases of misappropriation in Peru and discusses various legal mechanisms, such as certificates of origin, to improve traceability and fairness in the patent system.
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Document type: Report
Hong Kong Update
The document assesses the progress and deadlocks of the Doha Round negotiations as of November 2005. It highlights significant stalemates in agricultural market access, non-agricultural market access (NAMA), and services, while detailing specific disputes over fisheries subsidies, intellectual property rights (TRIPS), and the implementation of special and differential treatment for developing countries. It also reviews the impact of the 2005 expiry of textile and clothing quotas and the ongoing efforts to improve the WTO's Dispute Settlement Understanding.
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Document type: Briefing
Open Letter to Member States of the International Union for the Protection of New Varieties of Plants (UPOV)
The letter calls on the UPOV Council to reform its observer status and information disclosure rules to ensure a more balanced representation of stakeholders, particularly small farmers and indigenous groups, in discussions on plant variety protection.
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Document type: Statement
The Goldenberg conspiracy
The Goldenberg scandal was a massive financial fraud in Kenya during the Daniel Arap Moi administration, estimated to have cost the country between US $600 million and US $1 billion. The scheme utilized a fake gold and diamond jewellery export operation to claim illegal export compensation and siphoned funds through the Central Bank of Kenya (CBK) and various commercial banks, including the specifically created Exchange Bank. The fraud was facilitated by senior government officials who granted Goldenberg International Limited monopoly rights and preferential subsidies. The resulting economic instability led to rapid money supply growth, high inflation, and the collapse of several banks in 1993. Despite a 2003 Commission of Inquiry, the document notes the difficulty in prosecuting the perpetrators due to political interference.
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Document type: Research paper
Where Are We in the Doha Round?
The report analyzes the stagnation of the Doha Round in mid-2005, highlighting a fundamental deadlock in agricultural market access and the reluctance of the US and EU to implement necessary structural reforms. It argues that while the round is branded as a 'Development Agenda,' tangible benefits for the poorest nations remain elusive, with progress hindered by protectionism and the rise of regional trade agreements. The author suggests that the round's success depends on whether rich countries offer genuine concessions to create a fairer trading system before a perceived 2006 deadline.
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Document type: Report
Principles and Approaches of Sustainable Development and Chemicals Management for a Strategic Approach to International Chemicals Management (SAICM)
The report analyzes 15 key principles for the Strategic Approach to International Chemicals Management (SAICM), including integrated chemicals management, precaution, and the polluter pays principle. It provides descriptions, legal origins, and recommendations for integrating these concepts into the SAICM Overarching Policy Strategy and concrete implementation measures.
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Document type: Report
Market for Ecosystem Services
The document examines the role of economic valuation in creating markets for ecosystem services, detailing various valuation methodologies and providing global case studies of payment schemes for watershed functions and biodiversity. It argues that while market-based instruments can be effective, their success depends on robust legal frameworks, property rights, and institutional capacity, particularly in developing countries.
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Document type: Research paper
Securing Enough to Eat
The report defines food security as food that is available at all times, accessible to all, nutritionally adequate, and culturally acceptable. It argues that while global food supply has generally kept pace with demand, food insecurity persists due to failures in distribution and individual access. The document evaluates four policy paths: food self-sufficiency (now largely seen as unrealistic), trade liberalization (which offers supply stability but can undermine local producers), food sovereignty (which emphasizes national policy autonomy and peasant rights), and multi-functional agriculture (which integrates environmental sustainability and non-commodity public values into farming). It concludes that a pragmatic, flexible approach is necessary to reconcile economic, social, and ecological objectives.
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Document type: Report
IP QUARTERLY UPDATE: THIRD QUARTER 2005
The document examines the conflict between the TRIPS Agreement and the Convention on Biological Diversity (CBD), specifically advocating for mandatory disclosure of the origin of genetic resources and traditional knowledge in patent applications to prevent biopiracy. It also provides a quarterly update on IP negotiations within the WTO, WIPO, and other UN bodies, as well as developments in bilateral and regional free trade agreements involving the US and EU.
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Document type: Report
Aviation and Sustainability
The document examines the environmental and social impacts of the aviation industry, noting that rapid growth in passenger and freight demand cancels out technological efficiency gains. It highlights the sector's contribution to climate change through greenhouse gases and radiative forcing, as well as local impacts like noise and air pollution. The authors propose a demand management strategy based on three pillars: internalising external costs via emission charges, shifting short-haul passengers to rail, and substituting physical travel with electronic communication. The paper concludes with nine specific policy recommendations, including a ban on night-time flights and the adoption of an 'environmental bubble' concept for airports.
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Document type: Policy brief
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
IP QUARTERLY UPDATE: FOURTH QUARTER 2004
The document analyzes the state of the TRIPS Agreement and other IP negotiations in late 2004, highlighting the efforts of developing countries to integrate biodiversity and public health concerns into international law while warning against 'TRIPS-plus' standards in bilateral trade agreements.
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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
gats_5sep03-eb0b728e533f10a3.pdf
The paper argues that while GATS does not explicitly mandate privatization, its market access and national treatment obligations can indirectly encourage it and limit a government's capacity to implement universal service obligations (USOs) and subsidies. By analyzing environmental services commitments from the US, Estonia, the EC, and Nordic/Swiss countries, the authors demonstrate how specific 'carve-outs' and conditions in schedules can preserve regulatory flexibility. The document highlights the particular risk to developing countries, where privatization is often driven by international financial institutions, potentially locking them into GATS commitments that hinder the fulfillment of the human right to water.
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Document type: Research paper
NO INVESTMENT NEGOTIATIONS AT THE WTO Declaration of Non Governmental Groups and Civil Society Movements
The document is a formal declaration by a broad coalition of non-governmental organizations and civil society movements opposing the inclusion of investment and other 'Singapore Issues' in WTO negotiations. The signatories argue that previous multilateral investment attempts, such as the Multilateral Agreement on Investment (MAI), focused excessively on investor protections while neglecting poverty reduction, sustainable development, and corporate accountability. They contend that current investor protection rules in NAFTA and bilateral agreements are used to challenge essential governmental actions, and that there is little empirical evidence that such rules increase the quality or amount of investment flows. The declaration asserts that the WTO is the wrong forum for these talks and that adding these issues would hinder necessary reforms and impose rules that developing countries cannot afford.
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Document type: Statement
Doha Mandate
The document details the 'Doha Mandate' for agricultural trade, highlighting deep divisions among WTO members over the phasing out of export subsidies and the reduction of trade-distorting domestic support. It outlines competing proposals for market access—specifically the 'Swiss formula' versus the 'Uruguay Round approach'—and examines the role of 'non-trade concerns' such as food security and environmental protection. The briefing also discusses the contentious nature of 'special and differential treatment' for developing countries and the specific categories of agricultural support (Amber, Green, and Blue Boxes).
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Document type: Briefing
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
GATS and Water
The document analyzes the legal tensions between GATS trade liberalization and the regulation of water services, which are often natural monopolies. It examines how different WTO Members use 'specific commitments' to carve out public utilities and preserve the ability to impose universal service obligations and subsidies. The authors argue that the ambiguity of GATS terms and the political pressure on developing countries may lead to a loss of regulatory autonomy over essential water services.
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Document type: Research paper
Developments Since the Fourth WTO Ministerial Conference
The document details the status of the Doha Ministerial Declaration's mandates on the relationship between WTO rules and multilateral environmental agreements (MEAs), the liberalisation of environmental goods and services, and the integration of sustainable development into trade negotiations. It highlights significant deadlocks, including the observer status of MEA secretariats due to geopolitical conflicts and disagreements over the definition of environmental goods, particularly regarding process and production method (PPM) criteria.
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Document type: Briefing
The Singapore Issues: Investment, Competition Policy, Transparency in Government Procurement and Trade Facilitation
The document details the progress and disputes surrounding the four 'Singapore issues' following the Doha Ministerial Declaration. It highlights a recurring rift between developed nations (such as the EU, US, and Japan), who seek multilateral rules, and developing nations (such as India and Brazil), who express concern over policy flexibility, resource constraints, and the necessity of new binding obligations. For each issue, the briefing outlines the specific mandates, the current state of play in Working Group discussions, and the differing positions of member states regarding definitions, transparency, and the role of technical assistance.
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Document type: Briefing