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The Protection of Intellectual Property in International Law$
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Henning Grosse Ruse-Khan

Print publication date: 2016

Print ISBN-13: 9780199663392

Published to Oxford Scholarship Online: August 2017

DOI: 10.1093/oso/9780199663392.001.0001

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IP Rights in International Environmental Law

IP Rights in International Environmental Law

(p.321) 11 IP Rights in International Environmental Law
The Protection of Intellectual Property in International Law

Henning Grosse Ruse-Khan

Oxford University Press

This chapter focusses on the two core aspects of the relationship between intellectual property (IP) rights and international environmental law. This interface is embodied in two related, but discernible rule systems. On the one hand, natural and biological resources are increasingly serving as important input or source for innovative human activities, often leading to IP rights granted over the resulting technology. On the other, whenever IP rights are granted over technologies or plant varieties that involve genetic resources, conflicts between the property rights of an individual IP holder and those who claim ownership (such as a state) over the biological resources may arise. The main international treaties applicable here are the Convention on Biological Diversity (CBD) and its Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (NP).

Keywords:   international environmental law, natural and biological resources, genetic resources, individual IP holder, Convention on Biological Diversity, CBD, Nagoya Protocol, NP

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