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  • The Role of “Soft Law”/Guidance in Different Jurisdictions

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    100989_1.pdf (200.8Kb)
    Author(s)
    Lawson, Charles
    Griffith University Author(s)
    Lawson, Charles
    Year published
    2014
    Metadata
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    Abstract
    This paper details the potential of ‘soft law’ to promulgate instruments about the conception of ‘essentially derived varieties’ introduced by the International Convention for the Protection of New Varieties of Plants in 1991 (UPOV 1991). After addressing the forms of ‘soft law’ possible under the UPOV 1991 the paper provides a case study example of adopting the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilisation under the United Nations Convention on Biological Diversity (CBD) as a ‘soft law’ means of addressing the uncertain and contentious access ...
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    This paper details the potential of ‘soft law’ to promulgate instruments about the conception of ‘essentially derived varieties’ introduced by the International Convention for the Protection of New Varieties of Plants in 1991 (UPOV 1991). After addressing the forms of ‘soft law’ possible under the UPOV 1991 the paper provides a case study example of adopting the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilisation under the United Nations Convention on Biological Diversity (CBD) as a ‘soft law’ means of addressing the uncertain and contentious access and benefit-sharing obligations. The paper concludes with some key learnings for adopting ‘soft law’ instruments.
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    Conference Title
    Seminar on essentially derived varieties
    Publisher URI
    http://www.upov.int/meetings/en/details.jsp?meeting_id=29782
    Copyright Statement
    © 2014 UPOV. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the conference's website for access to the definitive, published version.
    Subject
    Intellectual Property Law
    Publication URI
    http://hdl.handle.net/10072/68005
    Collection
    • Conference outputs

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