The Conflict And Coordination Between The TRIPS And The CBD

On the matter of intellectual property rights, on one hand, the Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) accumulates the Convention on Biological Diversity(CBD), on the other hand, they are not mutually supportive. The members of the World Trade Organization differ on whether such circumstance without mutual support constitutes the conflict of treaties. The reason is that the members have different views on the concept of the conflict of treaties and the influence of the TRIPS on the effect of the implementation of the system of access to and benefit-sharing of genetic resources and traditional knowledge stipulated by the CBD. The TRIPS does not consider the practical requirements of the access and benefit-sharing system. As a result, the TRIPS limits the effect of the implementation of the access and benefit-sharing system and, further, obstructs achieving the objectives of the CBD. Therefore, the TRIPS conflicts with the CBD. To resolve the conflict, the relevant rules of the TRIPS need to be amended. At present, the optimal choice is the disclosure requirements scheme with both formal requirements and substantial effect.Besides the preface and conclusion, the thesis comprises three chapters. Chapter 1 introduces the background and aspects of the connection between the TRIPS and the CBD and defines the scope of discussion. The interconnections include the access and benefit-sharing system and access to and transfer of technology.Chapter 2 analyzes the relationship between the TRIPS and the CBD in terms of accumulation and conflict of treaties. The implementation of the TRIPS undermines the objectives of the CBD, for the TRIPS does not reflect the practical requirements of the access and benefit-sharing system. It is necessary to amend the relevant rules of the TRIPS to resolve the conflict between the two treaties.Chapter 3 evaluates coordination schemes according to the criteria of necessity and feasibility, and draws a conclusion that the formal requirements and substantial effect are necessary for an effective scheme, and then makes proposals on the choice of negotiation strategy for China.