Title: Patent protection and traditional knowledge associated with biodiversity

Authors: Carlos Alberto Rohrmann, Lyssandro Norton Siqueira

Addresses: JSD-UC Berkeley, USA; Professor of Law and Director of the LL.M Program at FDMC, Faculdade de Direito Milton Campos – Alameda da Serra, 61 – Vila da Serra, Nova Lima/MG, 34.000-000, Brazil. ' State attorney MG, Attorney at law, LL.M., FDMC, Brazil Siqueira e Amaral Advogados Associados, Av. do Contorno, 9921, conj. 801–Prado, Belo Horizonte, MG, 30.110-945, Brazil

Abstract: The search for world sustainable development has opened a new field of legal research. Countries are engaged in the debate about serious environmental law issues, such as the Kyoto Protocol and the Convention on Biological Diversity (CBD). The CBD had defined some legal issues related to biodiversity and also started the negotiation over an international regime regarding the access to genetic resources. The lack of proper legal rules has led to controversies regarding Brazilian biodiversity and the protection of the associated traditional knowledge. This paper analyses the possible legal solutions for the regulation of traditional knowledge associated with biodiversity.

Keywords: traditional knowledge; biodiversity; patent protection; intellectual property; Convention on Biological Diversity; CBD; TRIPS; environment; law; sustainable development; sustainability; genetic resources; Brazil.

DOI: 10.1504/IJIPM.2007.014530

International Journal of Intellectual Property Management, 2007 Vol.1 No.4, pp.351 - 370

Published online: 13 Jul 2007 *

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