The connection between the CBD and the TRIPS Agreement is the subject of considerable rhetoric and political controversy. This article explores the issues, proposes strategies to harmonise the objectives of the two agreements, and suggests that the legal regimes governing IPRs may need to be changed.
Tarasofsky, R. (1998). TRIPs and Biodiversity: Towards the 1999 Review. Bridges. 2: 21, 23.
Reports on a roundatable meeting on ‘TRIPS and Biodiversity: Towards the 1999 Review’. Representatives of NGOs, industry, WTO, WIPO, UPOV, IUCN and ICTSD as well as observers discussed the following topics: patenting life forms; treatment of plant varieties in TRIPS, protection of indigenous knowledge; developing effective sui generis systems; and future intergovernmental activity on these issues.
Taylor, B., H. Hadsell, et al. (1993). Grass-Roots Resistance: The Emergence of Popular Environmental Movements in Less Affluent Countries. Environmental Politics in the International Arena: Movements, Parties, Organizations and Policy. S. Kamieiecki. Albany, State University of New York Press: 69-89.
The emergence and proliferation of grass-roots environmental groups in the developing world has been a striking feature of the past two decades. This article examines a number of these movements in developing countries and articulates common patterns in the emergence of these movements.
Taylor, P. (1995). Caring for Country Strategy, Northern Land Council.
Te Puni Kokiri/ Ministry of Maori Development (1994). Biodiversity and the Maori: Te Ara o te Ao Turoa. Wellington, Te Puni Kokiri/ Ministry of Maori Development.
Provides a guide to the CBD and aims to assist iwi in planning for, and having greater participation in, managing natural resources.
Tempesta, M. S. and S. King (1994). Tropical Plants as a Source of New Pharmaceuticals. Pharmaceutical Manufacturing International, 1994. P. A. Barnacal. London, Sterling Publications Limited: 47-50.
According to the authors, both from Shaman Pharmaceuticals, the biochemical diversity of tropical plant species makes them a valuable source of new bioactive agents. The achievements of their company are evidence that bioprospecting can maintain biological and cultural diversity while benefit tropical countries, companies and present and future generations.
Tempesta, M. S. and S. R. King (1994). “Ethnobotany as a Source for New Drugs.” Annual Reports in Medicinal Chemistry29: 325-30.
Plants have been utilised as a primary source of medicines for millennia, and many of our modern therapeutic agents have been derived from medicinal plants. Although plant natural product chemistry and pharmacognosy programmes declines in the 1980s, the authors argue that the initial promise of rational drug design was perhaps too optimistic, and make a strong case for the ethnobotanical approach.
ten Kate, K. (1995). Biopiracy or Green Petroleum? Expectations and Best Practice in Bioprospecting. London, Overseas Development Administration.
Detailed study that reviews current experiences of bioprospecting, describes the roles of the various stakeholders, and provides elements of a bioprospecting strategy promoting the sustainable use of genetic resources and equitable benefit sharing.
ten Kate, K. (1997). “The Common Regime on Access to Genetic Resources in The Andean Pact.” Biopolicy (Online Journal - URL: http://www.bdt.org.br/bioline/py)2(6).
On 17 July 1996, the Cartagena Accord - commonly known as the Andean Pact - published Decision 391 in its Official Gazette. The Common Regime on Access to Genetic Resources, the first subregional agreement of its kind, became legally binding forthwith in Bolivia, Colombia, Ecuador, Peru and Venezuela. This paper reviews the objectives, scope and rules of the Common Regime on Access to Genetic Resources, highlights the more controversial provisions of Decision 391, and examines the challenges for the Member Countries and those who wish to gain access to their genetic resources.
ten Kate, K. (1997). Access to Ex Situ Collections: Resolving the Dilemma? Access to Genetic Resources: Strategies for Sharing Benefits. J. Mugabe, C. V. Barber, G. Henne, L. Glowka and A. La Viña. Nairobi, ACTS Press: 271-297.
Access to genetic resources collected prior to the CBD gives rise to different obligations in contrast to access to other resources. The objectives of contemporary policy are, however, the same for both categories-namely conservation, sustainable use and equity. To deal with them on a different basis is inconsistent and complicated, but to harmonise the current regimes will require solutions to a raft of legal, political and logistical challenges. This chapter examines the current state of affairs and approaches to resolving the dilemma of access to ex situ collections at the policy level, and at the level of individual institutions.
ten Kate, K. and S. A. Laird (1999). The Commercial Use of Biodiversity: Access to Genetic Resources and Benefit Sharing. London, Earthscan.
Biodiversity and the genetic material it contains are now recognised to be among the world’s most valuable resources. Access to genetic resources and their commercial development involve a wide range of parties such as conservation and research institutes, local communities, government agencies and companies. Equitable partnerships are not only crucial to conservation and development, but are also in the interests of business and often required by law. The authors explain the provisions of the CBD on access and benefit-sharing, the effect of national laws to implement these, and aspects of typical contracts for the transfer of materials. They provide a sector-by-sector analysis of how genetic resources are used, the scientific, technological and regulatory trends and the different markets in pharmaceuticals, botanical medicines, crop development, horticulture, crop protection, biotechnology and personal care and cosmetics.
The Weekly Review (1996). Turning Pest into Resource. The Weekly Review: 16-17.
Reports on the Fifth International Congress of Ethnobiology that took place in Nairobi, which explained the importance of utilising and protecting traditional ecological knowledge.
Third World Network (1989). Japan Wasting Much of World’s Tropical Forests, New Study Shows. Penang, TWN.
Japan is the biggest importer of tropical timber and to save the world’s tropical forests its government must reform aid policies and reduce Japanese wasteful use of hardwoods.
Third World Network (1990). Ecology Groups Demand Environment Input into GATT Talks. Penang, TWN.
Leading environmental groups are concerned that the current GATT talks will lead to a trading system that further destroys the environment. They have called for an EIA before the Uruguay Round agreements are adopted.
Third World Network (1995). People’s Charter for Food Security. Delhi.
Charter drawn up by a coalition of POs, NGOs, trade unions and others at the Policy Dialogue on Trade Liberalisation and Food Security organised by the Third World Network.
Thomason, D. N. (1990). “Rolling Back History: The United Nations General Assembly and the Right to Cultural Property.” Case Western Journal of International Law22: 47-96.
In the field of cultural property, two rival doctrines have emerged: (i) ‘national cultural patrimony’ (generally embraced by the Third World and communist states) and (ii) ‘the common heritage of mankind’ (generally embraced by the prosperous art importing nations). This article traces the evolution of UN General Assembly resolutions on the return of cultural property and shows how the initially dominant position of national patrimony has slowly given way to an implicit acknowledgement of the legitimacy of the doctrine of common heritage of mankind.
Thomasson, G. C. (1991). “Liberia’s Seeds of Knowledge.” Cultural Survival Quarterly15(3): 23-28.
War-torn Liberia needs to look to its indigenous peoples’ knowledge of seed varieties and metalsmithing for the clues to agricultural recovery.
Thrupp, L. A. (1989). “Legitimizing Local Knowledge: From Displacement to Empowerment for Third World People.” Agriculture and Human Values(Summer): 13-24.
Increasing attention has been given to ‘indigenous’ knowledge in Third World rural societies as a potential basis for sustainable agricultural development. The paper reviews the nature of local knowledge and suggests the need to recognise its unique values yet avoid romanticised views of its potential. It is argued that the exploitation of local knowledge by formal institutions should be avoided; instead, people need to establish legitimacy of their knowledge for themselves, as a form of empowerment.
Thrupp, L. A. (1996). Linking Biodiversity and Agriculture: Challenges and Opportunities for Sustainable Food Security. Washington DC, World Resources Institute.
There is a growing realisation that biodiversity is fundamental to agricultural production and food security, as well as a valuable ingredient of environmental conservation. Yet, predominant patterns of agricultural growth have eroded biodiversity in ecosystems. This paper summarises the main conflicts and complementarities between biodiversity and agriculture, highlighting principles, policies, and practices that enhance diversity in agroecosystems.
Thurow, L. (1997). “Needed: A New System of Intellectual Property Rights.” Harvard Business Review(September-October): 93-103.
Argues that fundamental shifts in technology and in the economic landscape are rapidly making the current system of IPRs unworkable and ineffective. Designed more than 100 years ago to meet the simpler needs of an industrial era, it is an undifferentiated one-size-fits-all system. Moreover the global IPR regime does not reflect the interests of Third World countries since every country that has caught up with more technologically advances countries has done so by copying.
Tickell, O. (1992). Nuts, Bucks and Survival. Geographical Magazine: 10-14.
Discusses the debate over the ‘rainforest harvest’, specifically the contrasting positions of Survival International and The Body Shop.
Tilahun, S. and S. Edwards, Eds. (1996). The Movement for Collective Intellectual Rights. Addis Ababa & London, Institute for Sustainable Development & Gaia Foundation.
This book is a collection of papers that are helping to pioneer the development of national sui generis legal regimes to protect the biological and intellectual commons. The effect of the IPR regime of the GATT/WTO on the rich cultural and biological diversity of the South is examined.
Tinker, C. (1990). “Environmental Planet Management by the United Nations: An Idea Whose Time Has Not Yet Come?” New York University Journal of International Law and Politics22(4): 793-830.
Argues that while the goal of expanding the UN’s role in environmental management is important, the mere creation of new bureaucratic structures would be ineffective in addressing the difficult environmental problems that plague the planet. International cooperation on measures to preserve, protect, and restore a healthy global environment is ultimately more appropriate than creating any new bureaucratic structure within the UN.
Tinker, C. (1995). “A ‘New Breed’ of Treaty: The United Nations Convention on Biological Diversity.” Pace Environmental Law Review13(2): 191-218.
Analysis of the CBD, which concludes that certain theoretical issues may plague efforts to interpret or implement the Convention. These issues include: the inherent tension between sovereign rights and responsibilities; the CBD’s anthropocentric focus; the need to apply scientific knowledge as the basis of law and policy where the data base does not yet exist or cannot yet be interpreted; and the precautionary principle.
Tobin, B. (1997). Know-how Licences: Recognising Indigenous Rights Over Collective Knowledge. Bulletin of the Working Group on Traditional Resource Rights: 17-18.
Legally-binding agreements such as contracts and licences can be used to guarantee benefit sharing with local communities. In Peru, the Aguaruna people have negotiated a know-how licence with an American drug company called Searle. The Aguaruna pass on medicinal plants and knowledge (i.e. ‘know-how’) to the company and in exchange receive an annual know-how licence fee.
Tobin, B. (1997). Certificates of Origin: A Role for IPR Regimes in Securing Prior Informed Consent. Access to Genetic Resources: Strategies for Sharing Benefits. J. Mugabe, C. V. Barber, G. Henne, L. Glowka and A. La Viña. Nairobi, ACTS Press: 329-340.
Proposes a multilateral certificates of origin linked to patent rights as a means of securing prior informed consent. Such a system, it is asserted, might be of greater benefit to developing countries and their people than an access/benefit sharing regime, which might diminish interest in bioprospecting.
Tolbert, N. (1998). “Rainforest Shamans: A Feature Review of Gerardo Reichel-Dolmatoff’s Anthropological Essays.” The Ecologist28(4): 233-238.
Gerardo Reichel-Dolmatoff, through 50 years of fieldwork among Colombian Indian tribes, showed in incredible detail how, built into their cultural patterns, is an extensive constellation of strategies for assuring the sustainable management of their natural resources. In this category must be included their ability to ensure that they do not overtax their resources which, among other things, means maintaining the level of their population. This is important as current ‘wisdom’ among anthropologists seems to be that if primal societies did not overtax their environment, it is simply that they weren’t technologically equipped to do so.
Trio, W. (1995). Indigenous Peoples Participation in European Union Development Policies. Brussels, Belgium, European Alliance with Indigenous Peoples.
An independent study by the European Alliance with Indigenous Peoples on participation in EU development policies and projects. The study concludes with a series of recommendations.
Tripp, R. and V. d. H. W. (1996). The Erosion of Crop Genetic Diversity: Challenges, Strategies and Uncertainties. London, Overseas Development Institute.
Describes the challenges to crop genetic diversity, presents some of the strategies that are being implemented to reverse the erosion of that diversity, outlines several gaps in our knowledge that must be addressed in order to make such strategies more effective, and concludes with some policy implications.
Tripp, R., Ed. (1997). New Seed and Old Laws: Regulatory Reform and the Diversification of National Seed Systems. London, Intermediate Technology Publications on behalf of the Overseas Development Institute.
The development and diversification of national seed systems which are currently taking place require a thorough re-examination of public regulatory responsibilities. Featuring case studies from a wide range of countries the book presents options for seed regulatory reform that are needed to address: failures in government seed provision; innovations in community-level seed activities; the growth of the private seed sector; and the challenge of plant variety protection.
Tuhiwai Smith, L. (1998). Decolonising Methodologies: Research and Indigenous Peoples. London, Zed Books.
From the vantage point of the colonized, the term ‘research’ is inextricably linked with European colonialism. Here, an indigenous researcher calls for the decolonisation of research methods. In setting an agenda for planning and implementing indigenous research, the author shows how such programmes are part of the wider project of reclaiming control over indigenous ways of knowing and being. The book sets a standard for truly emancipatory research, demonstrating that ‘when indigenous peoples become the researchers and not merely the researched, the activity of research is transformed.’
Tunney, J. (1998). “European Union, Intellectual Property, Indigenous People and the Digital Age: Intersecting Circles?” European Intellectual Property Review20(9): 335-346.
The contemporary evolution of intellectual property is largely in response to pressure exerted by commercial interests, causing a conceptual fault line which emphasises existing exclusionary tendencies. If examined from the ostensibly unrelated perspectives of indigenous people and the digital age difficulties, the conceptual challenge becomes clear. However, the EU provides an ideal opportunity to encourage a conceptual re-alignment consistent with the emergence of other international legal standards.
Tyler, V. E. (1996). Natural Products and Medicine: An Overview. Medicinal Resources of the Tropical Forest: Biodiversity and Its Importance to Human Health. M. J. Balick, E. Elisabetsky and S. A. Laird. New York, Columbia University Press: 3-10.
Compares the attitudes of three countries to plant-based drugs: the United States, China and Germany, and presents an optimistic view of natural product research as a means of developing new medicines.
UNCTAD (1996). The Biotrade Initiative: A New Approach to Biodiversity Conservation and Sustainable Development. Geneva, United Nations Conference on Trade and Development,.
Presents a new UNCTAD programme, the Biotrade Initiative. The mission of the Initiative is to stimulate investment and trade in biological resources as a means of furthering the three objectives of the CBD, i.e. to promote: (1) conservation of biodiversity; (2) the sustainable use of its components; and (3) a fair and equitable sharing of benefits arising out of the utilisation of biological resources. The Initiative’s objectives will be pursued by enhancing the capability of developing countries for sustainable use of biodiversity to produce new value-added products and services for both international and domestic markets. The Initiative concentrates on three areas: private sector, local and indigenous communities, and biodiversity conservation.
UNEP (1995). The UNEP Biodiversity Programme and Implementation Strategy: A Framework for Supporting Global Conservation and Sustainable Use of Biodiversity. Nairobi, United Nations Environment Programme.
Presents UNEP’s Biodiversity Programme and Implementation Strategy.
UNESCO (1993). UNESCO General Conference: Amendment to the Draft Programme and Budget for 1994-1995 (27 C/5). Submission of Hungary, Philippines, Republic of Korea and Japan. Paris, UNESCO.
Notes that half the world’s languages are threatened and proposes that UNESCO set up an international database centre for endangered languages on the premises of the University of Tokyo.
UNESCO - Intergovernmental Committee for the Protection of the World Cultural and Natural Heritage (1994). Operational Guidelines for the Implementation of the World Heritage Convention. Paris, UNESCO.
Introduces the category of cultural landscape to the implementation of the World Heritage Convention.
UNESCO - International Bioethics Committee, W. G. o. P. G. (1994). International Bioethics Committee. First Session. Paris, 15-16 September 1993. Paris, UNESCO.
Report of the 1st session of the IBC.
UNESCO - International Bioethics Committee (1995). International Bioethics Committee of UNESCO: Proceedings 1995, Volumes I & II, International Bioethics Committee of UNESCO.
Two volume proceedings of the IBC, which discussed various aspects of bioethics including the Human Genome Diversity Project.
UNESCO World Heritage Centre (1993-). World Heritage Newsletter. Paris.
Newsletter from the UNESCO World Heritage Centre.
UNESCO World Heritage Centre (1996-). World Heritage Review. Paris.
The World Heritage Review, is an 80-page quarterly magazine aimed at a wide range of readers who are aware of present-day environmental, conservation, preservation and cultural issues. Published simultaneously in three language editions (English, French and Spanish) the World Heritage Review contains feature articles written by specialists plus special reports on thematic concerns and new heritage sites.
UNESCO- International Bioethics Committee, W. G. o. P. G. (1995). Report of the IBC Working Group on Population Genetics: Bioethics and Human Population Genetics Research. Paris, UNESCO.
Report of the IBC Working Group on Population Genetics, which was somewhat critical of certain aspects of the Human Genome Diversity Project.
UNESCP General Conference (1993). Amendment to the Draft Programme and Budget for 1994-1995 (27 C/5). P. Submission of Hungary, Republic of Korea and Japan. Paris, UNESCO.
Notes that half the world’s languages are threatened and proposes that UNESCO set up an international data base centre for endangered languages on the premises of the University of Tokyo.
United Nations General Assembly (1993). International Decade of the World’s Indigenous Peoples. New York, UNGA.
Proclamation of the Decade of the World’s Indigenous Peoples.
United States Congress - Office of Technology Assessment (1989). New Developments in Biotechnology: Patenting Life -- Special Report. Washington DC, U.S. Government Printing Office.
This report reviews US patent law as it relates to the patentability of micro-organisms, cells, plants, and animals; as well as specific areas of concern, including deposit requirements and international considerations. The report includes a range of options for congressional action related to the patenting of animals, intellectual property protection for plants, and enablement of patents involving biological material.
University of Amsterdam (1989-). BIOTECHNOLOGY AND DEVELOPMENT MONITOR. Amsterdam.
A joint publication of the Department of Political Science of the Universiteit van Amsterdam and the Netherlands’ Ministry of Foreign Affairs. It reports local, national and international applications of biotechnology which are of special interest to developing countries. The Monitor addresses policy makers and researchers in developing countries, and reaches public and private institutions. The Monitor is published four times a year (in the English language).
Unrepresented Nations and Peoples Organization (1993). Self-Determination in Relation to Individual Human Rights Democracy and the Protection of the Environment. Conference Report. The Hague, UNPO.
Contains discussion on the concept of self-determination and summaries of comments by members and supporters of UNPO.
Utkarsh, G., M. Gadgil, et al. (1999). “Intellectual property rights on biological resources: benefiting from biodiversity and people’s knowledge.” Current Science77(11): 1418-1425.
IPRs are now being extended over biological resources, beyond the conventional domain of mechanical and chemical innovations. On this new biological frontier considerable pertinent knowledge and resources exist in the public domain, and the CBD accepts the need to respect and share benefits with these public domain resources. These considerations must be reflected in the amended Indian Patent Act. It is also vital to harmonise the provisions of the new Patent, Plant Varieties and Biological Diversity Acts. According to the authors this would be facilitated by inclusion inter alia of the following provisions: disclosure of source of biological material and related information, along with proof of prior informed consent as appropriate, in all the three legislations; acceptance of village level registers as evidence of rights relating to public domain knowledge and resources in all the three legislations; grant of petty patents under the Patent act; a system of registering local cultivars and landraces not covered by the national plant varieties register; and a system of registration of claims of knowledge and resources and of transfer agreements in favour of individuals or groups of individuals, under the Biological Diversity Act.
Valentine, P. S. (1993). “Ecotourism and Nature Conservation: A Definition with some Recent Developments in Micronesia.” Tourism Management(April): 107-15.
Presents a narrow definition of ecotourism which requires a two-way link between ‘ecotourism’ and nature conservation. Examples are given of how ecotourism might be used to support nature conservation directly in Micronesia. Concludes with some suggested guidelines for the establishment of ecotourism.
Valkeapaa, N.-A. (1983). Greetings from Lappland: The Sami - Europe’s Forgotten People. London, Zed Press.
A Sami musician and artist describes the plight of his people, and links the situation of the Sami to that of other indigenous peoples all over the world. He also draws parallels between what Europe is doing now to the Sami, and what is has done in the Third World.
van der Heide, W. M., R. Tripp, et al. (1996). Local Crop Development: An Annotated Bibliography. Rome, Wageningen & London, IPGRI, CPRO-DLO (CGN) & ODI.
The bibliography is organised in four thematic chapters as follows: (i) Farmer knowledge and practices; (ii) Genetic diversity and plant breeding; (iii) Research methods and development activities; and (iv) Policy and institutional factors.
van der Vlist, L., Ed. (1994). Voices of the Earth: Indigenous Peoples, New Partners and the Right to Self-determination in Practice. Amsterdam, NCIV & International Books.
Presents contributions of representatives of indigenous peoples from around the world at a conference to build support for the demands of indigenous peoples, and to help create a sustainable world order which reflects the world’s cultural diversity.
van Seters, A. P. (1997). Forest Based Medicines in Traditional and Cosmopolitan Health Care. Medicinal Plants for Forest Conservation and Health Care. G. Bodeker, K. K. S. Bhat, J. Burley and P. Vantomme. Rome, FAO.