Abstract

This thesis studies the interaction among intellectual property, biodiversity and traditional knowledge in an international law perspective (Part. I). Part II identifies the norms governing access to and intellectual property exploitation of genetic resources. Intellectual property treaties (TRIPS Agreement of WTO and UPOV Convention) are studied in their relationship with multilateral environmental agreements (Convention on Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture) in light of the principle of mutually supportiveness
Part III seeks shape a well-balanced intellectual property system including the positive and defensive protection of traditional knowledge, the concept of priop informed consent of the provider State for the exploitation of its genetic resources in view of obtaining an exclusive right on a biotechnological innovation based upon a genetic resource and their related traditional knowledge as well as various regimes of access and benefit-sharing governing genetic resources under national sovereignty

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