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来源类型 | Article |
规范类型 | 论文 |
DOI | 10.1111/j.1747-1796.2007.00323.x |
ISSN | 1747-1796 |
The International Treaty on Plant Genetic Resources for Food and Agriculture within the Current Legal Regime Complex on Plant Genetic Resources | |
Christiane Gerstetter; Benjamin Görlach | |
发表日期 | 2007 |
出版者 | John Wiley & Sons Inc. (Wiley), United States |
出版年 | 2007 |
语种 | 英语 |
概述 | The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is the most recent piece in the current regime complex on plant genetic resources. In their article for the Journal of World Intellectual Property, Christiane Gerstetter, Benjamin Görlach, Kirsten Neumann and Dora Schaffrin investigate the legal relationship between the ITPGRFA, the Convention on Biological Diversity, the TRIPS Agreements of the World Trade Organization (WTO) and the Acts of the International Union for the Protection of New Varieties of Plants (UPOV). |
摘要 | class="field field-name-field-master-image field-type-image field-label-hidden"> The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is the most recent piece in the current regime complex on plant genetic resources. In their article for the Journal of World Intellectual Property, Christiane Gerstetter, Benjamin Görlach, Kirsten Neumann and Dora Schaffrin investigate the legal relationship between the ITPGRFA, the Convention on Biological Diversity, the TRIPS Agreements of the World Trade Organization (WTO) and the Acts of the International Union for the Protection of New Varieties of Plants (UPOV). The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) entered into force in 2004. It is the most recent piece in the current regime complex on plant genetic resources. However, wherever there are several legally binding international agreements dealing with at least partially overlapping issues, a conflict between them may arise. Such conflicts narrow the leeway that parties to more than one of the treaties have for implementation and may thus also reduce the treaties' potential for reaching their objectives. Against this backdrop, this article investigates the legal relationships between the ITPGRFA, on the one hand, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Union for the Protection of New Varieties of Plants and the Convention on Biological Diversity (CBD) on the other. It arrives at the conclusion that there are no conflicts between the ITPGRFA and any of those treaties at present, while negotiations conducted currently in the framework of the World Intellectual Property Organization and the CBD need carefully to avoid creating such legal conflicts. The article is a result of Ecologic’s project on "Trade, intellectual property rights and sustainable development (IPDEV)". Its publication was made possible through the programme for socio-ecological research funded by the German Federal Ministry of Education and Research (BMBF). An Abstract is available at Wiley Online Library. The article may be ordered at the same location electronically. |
目录 | Table of Contents: AbstractIntroductionConflicts in international law and how to deal with themConflicts between the ITPGRFA and the other treaties at a general levelOverview of relevant provisions of the ITPGRFARelationship with UPOVConclusionRelationship with TRIPSInterpretative alternative 1: Art. 12.3 (d) – an obligation for individualsInterpretative alternative 2: Art. 12.3 (d) – an obligation for statesConclusionOutlook: Art. 12.3 (d) ITPGRFA and the IPR treaties in the futureRelationship with the CBDOutlook and conclusionsNotesReferences |
标签 | Article ; Trade ; Ecologic Legal |
关键词 | international treaty resources genetic plant food agriculture CBD convention biodiversity TRIPS UPOV access benefit-sharing conflict public law |
URL | https://www.ecologic.eu/2215 |
来源智库 | Ecologic Institute (Germany) |
引用统计 | |
资源类型 | 智库出版物 |
条目标识符 | http://119.78.100.153/handle/2XGU8XDN/36867 |
推荐引用方式 GB/T 7714 | Christiane Gerstetter,Benjamin Görlach. The International Treaty on Plant Genetic Resources for Food and Agriculture within the Current Legal Regime Complex on Plant Genetic Resources. 2007. |
条目包含的文件 | 条目无相关文件。 |
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