The future of information under the CBD, Nagoya Protocol, Plant Treaty, and PIP Framework

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Lawson, Charles
Humphries, Fran
Rourke, Michelle
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2019
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Abstract

The United Nations’ Convention of Biological Diversity (and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization), the Food and Agriculture Organisation of the United Nations’ International Treaty for Plant Genetic Resources for Food and Agriculture, and the World Health Organisation of the United Nations’ (WHO) Pandemic Influenza Preparedness Framework all set out schemes for access and benefit sharing (ABS) some biological materials. This article addresses the apparent conflict between the general obligations in these agreements to disclose and exchange information and dealing with information as a resource derivative within the ABS transaction. This latter dealing is a closed domain for information under the ABS schemes where information is a resource derivative that is a part of the ABS transaction. Treating information as a resource derivative within the ABS transaction is likely to impose unnecessary and inefficient burdens on ABS transactions. After reviewing the recent developments, the article postulates a risk framework for valuing information as a part of the ABS transaction, or alternatively, a charge, tax, or levy to externalize the costs so that information remains available to be disclosed and exchanged promoting more and better science and research.

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Journal of World Intellectual Property

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© 2019 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim. This is the peer reviewed version of the following article: The future of information under the CBD, Nagoya Protocol, Plant Treaty, and PIP Framework, The Journal of World Intellectual Property, 1–17, 2019 which has been published in final form at 10.1111/jwip.12118DOI. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving (http://olabout.wiley.com/WileyCDA/Section/id-828039.html)

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International and comparative law

Synthetic biology

Environmental and resources law

Commercial law

Private law and civil obligations

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