The Comperative Study on the Access to Genetic Resource and Biotechnology Patent System in TRIPS and The Convention on Biological Diversity

• Main Authors: zahra mahmoodi, Mahdi Zahedi
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2018-04-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Convention on Biological Diversity; TRIPs; Patent; Biotechnology; Modifications
• Online Access: http://jplr.atu.ac.ir/article_8350_4ee4a566272dce5be14b0df1141a9148.pdf

The relationship between TRIPS Agreement and Convention on Biological Diversity (CBD) is part of a broader relationship, that is, the correlation between Multilateral Environmental Agreements (MEAs) together with the World Trade Organization (WTO).In spite of growing attention to biodiversity and its importance for human survival, there is a conflict between TRIPS Agreement and CBD. The environmental patents, such as biological and microbiological processes, micro-organisms in the framework of TRIPS, the possibility of environmental patentsand ignoring the rights of countries, which are the origin of genetic resources, are the most conflicting issues. TRIPS, without observing the objectives of the CBD, has authorized patent to inventions using genetic resources. In addition, the registration of some areas, such as biotechnology inventions, is allowed without considering the adverse effects on biodiversity. The continuity of this situation threatsthe world’s biodiversity. In addition to comparingthe controversial matters in these two documents, this article examines the current approach and presentssome solutions by focusing on TRIPS.