Jorge Cabrera “The Relationship between the Access and Benefit Sharing International Regimen and other international instruments: the WTO and UPOV” (2010) 10:3 Sustainable Development Law and Policy 24.
Available here The Relationship Between The Access and Benefit Sharing Internati
This article examines the relationship between the International Regimen (“IR”) and the World Trade Organization (“WTO”) and International Convention for the Protection of New Varieties of Plants (“UPOV”). The article highlights the potential relationship between the intellectual property rights system and the negotiations on an international regime for access and benefit-sharing within the context of the Convention on Biological Diversity (“CBD”), and identifies some questions requiring further scrutiny. The WTO, World Intellectual Property Organization (“WIPO”), and UPOV each have provisions related to Access to Genetic Resources and Benefit Sharing (“ABS”) and Intellectual Property Rights (“IPR”). Meanwhile, there are ongoing negotiations on an international regime governing access to and the equitable sharing of benefits from genetic resources derived from biodiversity under the CBD.