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Explanatory guide to the International Treaty on Plant Genetic Resources for Food and Agriculture
… through national legislation. However, each Contracting Party is to endeavour to create conditions to facilitate … is subject to prior informed consent of the Contracting Party providing such resources unless otherwise determined by that Party.29 The countries in which the resources are to be used …
Covering ABS: Addressing the need for sectoral, geographical,legal and international integration in the ABS regime - papers and studies of the ABS Project
… Legitimate expectations and vested rights 91 8.3.4.1 Third-party impacts on the ABS agreement 91 8.3.4.2 Claims of … but not to UNCLOS are not coastal states. The USA is not a party to either Convention. 60 See Young, T.R., 2004, … sovereignty over ge- netic resources.63 Although each CBD party has a recog- nized governmental system which includes …
Intellectual property rights in plant varieties: International legal regimes and policy options for national governments
… contained in international IPR agreements to which it is a party. Although territoriality thus gives governments some … conditions, indigenous farmers came to depend upon third party plant breeders to provide them with seeds possessing … national access laws and regulations to control third party access. These access controls are consistent with the …
A moving target : Genetic resources and options for tracking and monitoring their international flows
… in the outset of the project, it may be difficult for a party to identify all of its relevant background rights – … with IP of others that is held (used, not owned) by a party. In this context, developing an effective intellectual … to ensure free- dom from infringement and relevant third party agree- ments (Gogoris et al. 2001). While the proposed …
Towards a mutually supportive relationship between the Convention on Biological Diversity and the World Trade Organisation: An action guide
… to prejudice the WTO rights of any Member that is not a party to an MEA. The Declaration also states, however, that … which provides that the CBD is applicable to areas under a party’s national jurisdiction and to its processes and …
Community Protocols for Environmental Sustainability: A Guide for Policymakers
… bio-prospectors by setting out clear procedures for third party interactions. Interface between customary law and … in accessing TK, the Nagoya Protocol requires each Party to take necessary measures especially to ensure FPIC is … bio-prospectors by setting out clear procedures for third party interactions and resulted in improved access of the …
IUCN Information Papers on Marine Genetic Resources
… accessed before the entry into force of the Protocol for a Party or even to pre-CBD acquisitions. Like in the … parties. Upon utilization of genetic resources, the party on the user side is required to share with the provider … of such biological materials from a GISRS laboratory to a party outside of the GISRS. According to the latter standard …