Building synergies - How to make intellectual property rules more supportive of biodiversity conservation and use

17h30-19h00

organised in collaboration with

CIEL - The Center for International Environmental Law
and
SPDA - Sociedad Peruana de Derecho Ambiental

One of the more contentious issues during the negotiations on biodiversity in the WSSD preparatory process was that of synergies and mutual supportiveness between the obligations of the CBD and of agreements related to international trade and intellectual property rights. This reflects the difficulties encountered in the trade discussion at Doha, including on the implementation and review of provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which continue to be among the most controversial and complex issues in negotiations within the WTO. Many developing countries believe that the Agreement, especially the patenting regime, will adversely impact the pursuit of sustainable development strategies, in particular raising concerns related to the harmonisation of TRIPS with the Convention on Biological Diversity (CBD), food security, patentability criteria for living organisms, the protection of traditional knowledge and the right of farmers to save and exchange seeds. The concerns raised in the preparatory process for WSSD will again be addressed in Johannesburg in the context of discussions on a possible legal regime for benefit-sharing as advocated by many megadiverse developing countries.

The workshop is expected to attract a wide range of participants from diverse fields including WSSD delegates, NGOS, IGOs, academia and business.

Questions to be addressed could include:

• What issues are of primary importance in the discussion on enhancing synergy and mutual supportiveness between the CBD and agreements related to international trade and IPRs?
• How could biodiversity related concerns be integrated in the ongoing WTO negotiations?
• What role can the WTO play in an international regime on access and benefit sharing?
• How can efforts in the WTO and CBD to facilitate transfer of technology complement each other? What is the role of IPRs in this context?