Chapter 7

The Convention on BiologicalDiversity and the TRIPS Agreement:compatibility or conflict?

Biswajit Dhar

INTRODUCTION

When it was formally opened for signature at the 1992 Earth Summit, the Convention on Biological Diversity (CBD) was seen as the first decisive step taken by the global community to ensure conservation and sustainable use of the world's biological resources. For the genetic resource-rich developing countries, the CBD was particularly important on two counts. In the first instance, it recognized that the rights over their genetic resources lay with the sovereign states. Secondly, it recognized the need to preserve and maintain the knowledge, innovations and practices of indigenous and local communities from the point ...

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