RELATIONSHIP BETWEEN THE TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY: PROTECTION OF GENETIC RECOURSES

Abstract

This paper analyzes the relationship between the provisions of the Convention on Biological Diversity and the Agreement on Trade-Related Aspects of Intellectual Property Rights in relation to genetic resources. The authors focus on different points of view on the interaction of these international treaties and concludes that there is a contradiction between their individual provisions, in particular, with respect to the use of genetic resources. Considerable attention is paid to the analysis of the provisions devoted to Article 27 of the TRIPS Agreement, which establishes the requirements for mandatory patenting of inventions, including microorganisms and macrobiological processes of cultivation of plants or animals. The provisions of the Convention on Biological Diversity regarding access to genetic resources and equitable sharing of benefits from their use are analyzed in detail. Specific proposals were made to amend the existing international documents to overcome the current contradiction between the TRIPS Agreement and the Convention on Biological Diversity, based on the results of the study.