Launching of UNCTAD's Handbook on IP Implications of the CBD and - - PowerPoint PPT Presentation

Launching of UNCTAD's Handbook

• n IP Implications of the CBD and

Nagoya Protocol

Presentation by:

Harmut Meyer, David Vivas Eugui and Thamara Romero

Why a handbook on IP and Nagoya?

Nagoya largely silent on IP but very important for ABS rule implementation…

• Most successful R&D outcomes tend to be good candidates for

IP Protection

• Many inventions are the result of genetic resource utilization

as defined by the protocol

• Many inventions are inspired by or use TK
• IP system can be supportive on biodiversity objectives is

property devised and used

• What does the handbook cover?
• How can the handbook be used?

Protection of and Access to TK-GR

• International framework for indigenous peoples and

local communities since 2007

• right to control TK and IP over TK (DRIP Art. 31)
• NP members shall take measures to ensure PIC

and MAT when TK is accessed (NP Art. 7)

• National implementation necessary
• territorial nature of IPR and ABS
• domestic establishment of rights and procedures
• e.g. ABS compliance in the EU linked to ABS law in

provider country

Regional and National Examples

• Handbook analyses 7 examples of regulations on

sui generis IP protection for TK and on ABS

• defensive protection to a certain degree

(fighting misappropriation)

• barely any positive protection (supporting utilization)
• no comprehensive approaches to link IPR and ABS
• Development of common conceptual clarity, e.g.
• Subject matter definition
• Holder of rights
• Scope of rights
• TK in the public domain

The role of biodiversity related disclosure requirements (BRDRs)

• Disclosure / description of the invention is a typical function of

patent applications.

• Disclosure of origin/source and Legal provenance has been
• ften used to verify compliance of ABS in several legislations

(about 50 countries).

• IP offices can be a check point, even in the absence of binding

disclosure provisions (e.g. draft ABS regulation in Germany)

• There is no question of about TRIPS compliance. The handbook

provides different modalities to introduce BRDRs in a way that is TRIPS compliant.

• Other alternatives include exceptions to patentability and title

holder's rights and competition policy, and unfair enrichment.

Distinctive signs and Biodiversity-based products

• Geographical indications (GIs) and other distinctive signs, if

properly designed, can make a significant contribution to conservation of biological resources and to sustainable use

• bjectives under the CBD
• GIs have proved to be useful in distinguishing products and

producers with direct ties with the environment and traditional practices

• There are increasing examples in developing countries
• GIs are a voluntary scheme that can allow and valorize the

introduction of sustainable practices and well as TK preservation measures

• GIs can have a defensive value

UNCTAD Technical Cooperation

• n Nagoya Implementation
• Handbook trial-run in UNCTAD blended learning

courses in SE Asia (2012-13) and South Asia (2013-14); as well as in 2 day national workshop in Cambodia (2014). Distance learning modules that go with handbook are housed on donor (GIZ's) distance learning platform, GC21.

• Handbook currently being used in GIZ blended learning

workshop for Amazon-region countries

• UNCTAD is currently accepting requests for technical

assistance/capacity building

Thanks

The handbook can be found at: http://unctad.org/en/PublicationsLibrary/diae pcb2014d3_en.pdf