Traditional knowledge, the CBD and the TRIPS regime: synthesising the discordant discourses at the WTO
by Vydyanathan Lakshmanan
International Journal of Intellectual Property Management (IJIPM), Vol. 2, No. 2, 2008

Abstract: This paper evaluates the discussions in the WTO on the issues of Traditional Knowledge, the CBD and the TRIPS. A highly textual and an equally teleological interpretation of the TRIPS and the CBD by WTO members has led to arguments that characterise their relationship as either being in mutual harmony or conflict. I submit that much of this inconclusive exercise is unnecessary and can be overcome if the TRIPS is expressly amended to provide for CBD requirements. The paper tries to amalgamate the best from the various approaches to suggest a model regime for TK protection. It recommends that the implementation process be monitored by the TRIPS Council, obliging states to report whenever appropriate and for periodical review of the provisions.

Online publication date: Mon, 07-Jul-2008

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