Nagoya Protocol

SouthViews No. 207, 28 September 2020

Is the right to exclusivity a Hamlet question?

By Justice Prabha Sridevan

Today the judicial authority may be faced with balancing patent rights and patients’ rights or right to life. It shall use all the tools at its command and innovate if necessary, but shall rule in favour of life.

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SouthViews No. 205, 31 August 2020

Digital Sequence Information (DSI) and national measures: approaches and perspectives

By Jorge Cabrera Medaglia

Digital sequence information (DSI, or genetic sequence data) is an emerging aspect of synthetic biology which involves certain functional genetic sequences being shared by different means. The genetic sequences from plants, animals or micro-organisms could be used to support conservation and sustainable use of biological diversity, to develop and commercialize new products and processes, or for other purposes. The regulation of the use of DSI for both commercial and non-commercial entities may have huge implications for the access and benefit-sharing (ABS) regimen established in the international instruments, ongoing processes and regional and national legislation that implement these conventions. International guidance is needed to promote a coordinated approach to secure fair and equitable sharing of benefits while avoiding a negative impact on the non-commercial benefits arising from the genetic data.

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SC Submission on CESCR Draft General Comment, February 2020

Comments by the South Centre on the CESCR Draft General Comment on science and economic, social and cultural rights Art. 15: 15.1.b, 15.2, 15.3 and 15.4

The South Centre welcomes the opportunity to submit its comments on the Committee on Economic, Social and Cultural Right (CESCR) Draft General Comment on science and economic, social and cultural rights Art. 15: 15.1.b, 15.2, 15.3 and 15.4 and commends the Secretariat of the CESCR for this initiative. We recognize the paramount importance of the ESCR and of Art. 15, which is a crucial element to ensuring other rights and the development of all countries. We further acknowledge and reinforce the importance of the draft text to address multiple emerging and long-established issues, such as the risks and promises of the 4th Industrial Revolution and the relation of science and the right to food as two examples.

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IP Negotiations Monitor 24, April 2018

The IP Negotiations Monitor summarizes the latest developments in multilateral and regional fora where intellectual property negotiations are taking place, and informs on upcoming meetings and events.

(Covering period: January – March 2018)

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Analytical Note, March 2017

The TRIPS and WTO Negotiations: Stakes for Africa

This paper discusses the current negotiation issues in the context of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the position the African Group has taken in these negotiations. (more…)

SC Side Event: Designing Sui Generis PVP System in Developing Countries and the Role of WIPO, 7 October 2016

Title:              Panel Discussion on “Designing Sui Generis Plant Variety Protection System in Developing

                         Countries and the Role of WIPO”

Date:              7 October 2016, 13:00-15:00

Venue:           WIPO New Building, Room 0.107

Organizer:   The South Centre, The Third World Network (TWN) and and the Association for Plant

                         Breeding for Benefit of Society (APBREBES)

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Policy Brief 18, May 2015

The Nagoya Protocol: Main Characteristics, Challenges and Opportunities

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity entered into force in October 2014. Its provisions clearly reflect the need for countries to set up access and benefit sharing rules and procedures for the Protocol’s implementation at the national level. (more…)

Statement, 13-17 October 2014

South Centre Statement on Coming into Force of Nagoya Protocol

The following is a Statement by the South Centre on the coming into force of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. (more…)

Policy Brief 4, April 2011

The Nagoya ABS Protocol and Pathogens. 

Pathogens are clearly within the scope of the Nagoya Protocol (NP). Preamble 16 of the NP makes clear that pathogens are within the scope of the NP. Further the preamble does not exclude the application of the benefit sharing provisions of the NP. (more…)

Research Paper 36, March 2011

The Nagoya Protocol on Access and Benefit Sharing of Genetic Resources: Analysis and Implementation Options for Developing Countries.

As is common knowledge, the Nagoya Protocol was rushed through in the final hours of COP10 in an attempt to secure a binding instrument on ABS. As a result the Protocol represents, at best, a partially negotiated instrument. In the process, transparency, legal certainty and balance seem to have been sacrificed. (more…)

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