Annotated bibliography on

1-4.

Periodical providing information on such topics as the CBD, IPRs, and indigenous peoples and their intellectual, cultural and traditional resource rights.

World Commission on Culture and Development (1995). Our Creative Diversity: Report of the World Commission on Culture and Development, World Commission on Culture and Development.

The purpose of this book is to re-evaluate development practice by broadening the concepts of development and culture. Instead of regarding ‘culture’ as a factor which affects the success of development practice, culture is a total way of life which subsumes all notions of development. Development, thus, should not be limited to promoting economic improvement but to guaranteeing culture itself. In other words, development policy should advance whatever a culture holds valuable. In addition to chapters on children and on international heritage, there is a section on the environment which recognises the need for respect for traditional knowledge and the need for further research into factors affecting sustainability.

World Commission on Environment and Development (1987). Our Common Future. Oxford, Oxford University Press.

The Report of the WCED (‘the Brundtland Report’) calls for a marriage of economy and ecology through ‘sustainable development’. It provides a range of proposals to solve critical environment and development problems so that human progress can be sustained without bankrupting the resources of future generations.

World Council of Indigenous Peoples (1993). Presumed Dead...But Still Useful as a Human By-Product. Ottawa, WCIP.

Vehement condemnation of the Human Genome Diversity Project by a leading indigenous peoples organisation.

World Health Organization, IUCN, et al. (1993). Guidelines for the Conservation of Medicinal Plants. Gland, IUCN in partnership with WHO & WWF.

80% of the world’s population depends on traditional medicine for their primary health care needs, a system of medicine in which most of the drugs and cures come from plants. Yet many of the plants involved are increasingly threatened. These Guidelines on the conservation and sustainable use of medicinal plants outline the steps that need to be done to conserve them. The Guidelines resulted from an International Consultation which took place in Chang Mai, Thailand in March 1988. Another outcome of the meeting was the Chang Mai Declaration: Saving Lives by Saving Plants, which is reproduced in the book.

World Intellectual Property Organisation (1989). WIPO General Information. WIPO publication. Geneva. No.400 (E).

Survey of the different kinds of international IPR protection for industrial property, new varieties of plants, and literary and artistic property (copyright). Explains role of WIPO in these issues.

World Intellectual Property Organization (1988). Background Reading Material on Intellectual Property. Geneva, WIPO.

An IPR sourcebook from an organization that administers many IPR conventions, this document provides detailed explanations of all IPR types recognised under western legal systems.

World Intellectual Property Organization, Ed. (1999). Intellectual Property and Human Rights. Geneva, WIPO.

Proceedings of a panel discussion organised by WIPO in collaboration with UNCHR to commemorate the 50th anniversary of the Universal Declaration of Human Rights. Contributors include Peter Drahos, Christine Steiner, Silvia Salazar, John Mugabe, Audrey Chapman and Silke von Lewinski.

World Trade Organization (1997). TRIPS: Switzerland Proposes Wider Protection of Place Names. Focus: 5.

Reports that Switzerland has proposed to the Council for TRIPS that the higher level of IPR that WTO members have to give to the use of place names for identifying wines and spirits should be extended to other products. Switzerland included foodstuffs, agricultural products, handicrafts and industrial products among proposed categories of goods whose ‘geographical indications’ should receive extra protection. Czech Republic and India supported the idea. The United States, Canada, Australia and New Zealand countered that they needed more time to study the proposal.

World Trade Organization - Committee on Trade and Environment (1996). Excerpt from the Report of the Meeting Held on 21-22 June 1995: Record of the Discussion on Item 8 of the Committee on Trade and Environment’s Work Programme. Geneva, WTO.

Record of discussions on Item 8 of the CTE’s work programme, which deals with TRIPS. Among the various issues discussed by the national representatives included: technology transfer, patenting life forms, the applicability of trade secrets to traditional knowledge, and the possibility of adopting a sui generis system to implement CBD Article 8 (j).

World Trade Organization - Committee on Trade and Environment (1996). Environment and TRIPS. Geneva, WTO.

A background document to assist the CTE in its work dealing with TRIPS. It assesses the links between environmental concerns and IPRs by considering the relevant features of the CBD. The paper then provides a negotiating history of the CBD, especially Article 16. It continues by summarising relevant ongoing work in other international organisations which, with the CBD, indicate the IPR issues that have been raised as having a link with environment. Relevant TRIPS provisions are presented, GATT exemptions are considered, and the paper ends with a note on the UPOV Convention.

World Trade Organization - Committee on Trade and Environment (1996). Report of the WTO Committee on Trade and Environment. Geneva, WTO.

Report on discussions that took place during the year’s CTE meetings covering all ten agenda items, of which Item 8 is on the relevant provisions of TRIPS. Until this Item, issues discussed included the relationship of TRIPS to: the environment generally; the generation of, access to and transfer of environmentally-sound technology; environmentally-unsound technologies; indigenous and traditional knowledge; and the CBD.

World Trade Organization - Committee on Trade and Environment (1997). Item 8: The Relationship between the TRIPS Agreement and the Convention on Biodiversity - Communication from India. Geneva, WTO.

Presents the view of the Indian government on the relationship of the CBD’s IPR-related provisions with TRIPS. It is argued that there are some important contradictions between TRIPS and the CBD: first, the lack of any conditions on patent application to mention the origin of biogenetic resources and traditional knowledge used in the biotechnological invention; second, the lack of provisions in TRIPS on prior informed consent of the country of origin and the knowledge-holder of the biological raw material meant for usage in a patentable invention. These conflicts need to be addressed, and some measures are proposed to do this.

World Trade Organization - Committee on Trade and Environment (1999). The Relationship between the Convention on Biological Diversity (CBD) and the Agreement on the Trade-related Aspects of Intellectual Property Rights (TRIPS); with a Focus on Article 27.3 (b) - Background Note by the Secretariat. Geneva, WTO.

This paper was prepared in response to a request by the Committee on Trade and Environment for a factual paper on the relationship between the CBD and TRIPS, in particular with respect to Article 27.3(b). It is divided into four sections: section 1 provides an overview of existing international instruments relevant to plant variety protection; section 2 introduces the information provided by some WTO Members to the TRIPS Council on their sui generis systems; section 3 presents three country studies on the implementation of sui generis systems based on the International Convention for the Protection of New Varieties of Plants (UPOV Convention); and section 4 presents examples of legislation enacted to implement the CBD.

WWF and IUCN ARBORVITAE. Gland.

The IUCN/WWF forest conservation newsletter.

WWF and IUCN (1994). Summary Notes of the Meeting of the International Coordinating Committee of the International Alliance of the Indigenous-Tribal Peoples of the Tropical Forests with IUCN and WWF-International. Gland, WWF & IUCN.

WWF International (1989). Tropical Forest Conservation. Gland, World Wide Fund for Nature.

Presents WWF’s position on tropical forests dealing with the following topics: protected areas, sustainable forest management, indigenous peoples, the Tropical Forestry Action Plan, the International Tropical Timber Organization, regulation of trade in tropical issues, and macro-economic issues.
WWF International (1992). China Country Profile. Gland, WWF International.

Country profile of China divided into the following sections: China : vital statistics; WWF involvement in China; Biological significance; Conservation threats; Achievements; Giant panda conservation; national wetland conservation action plan; Development of environmental education; and Panda conservation comes of age.

WWF International (1992). Cameroon Country Profile. Gland, WWF International.

Country profile of Cameroon divided into the following sections: Cameroon: vital statistics; WWF involvement in Cameroon; Biological significance; Conservation threats; Achievements; WWF Country Office; Korup National Park; Conservation of Mount Kilum; Rhino Mission and Workshop; WWF Support for the Ecole de Faune, Garoua; National Environmental Education Programme; and Effects of the Ivory Ban.

WWF International (1993). Sustainable Use of Natural Resources: Concepts, Issues and Criteria. Gland, World Wide Fund for Nature.

To address the question of unsustainable resource use, we must deal with the underling socio-economic causes and contributing factors. The criteria for sustainable use of natural resources, accordingly, would have to be broadly based to incorporate socio-economic dimensions as well as ecological ones.

WWF International (1995). Bhutan Country Profile. Gland, WWF International.

Country profile of Bhutan divided into the following sections: Bhutan: vital statistics; Biological significance; Conservation threats; Achievements; WWF involvement in Bhutan; Conservation Fellowship Programme; Conservation Education; Integrated Conservation & Development; Conservation Research Action Grants; Management of the Royal Manas National Park; Institutional Support to Nature Conservation Section, Forestry Services Division; Survey and Identification of Critical Habitats and Conservation Areas; Developing an Environmental Studies Programme at Sherubtse College; Development of Jigme Dorji National Park, etc.

WWF International (1995). Brazil Country Profile. Gland, WWF International.

Country profile of Brazil divided into the following sections: Brazil: vital statistics; Biological significance; Conservation threats; Achievements; WWF involvement in Brazil; Indigenous reserves conservation and development; Mamiraua Ecological Station integrated conservation and development project; and Amapa extractive reserve implementation.

WWF International (1996). Indigenous Peoples and Conservation: WWF Statement of Principles. Gland, Switzerland, World Wide Fund For Nature.

WWF’s new position on indigenous peoples and conservation that was developed in close collaboration with indigenous peoples. The statement provides principles for partnership between WWF and indigenous peoples’ organisations in conserving biodiversity within indigenous peoples’ lands and territories, and in promoting sustainable use of resources. Published in French as: ‘Les Peuples Autochtones et la Conservation: Declaration de Principes du WWF’; and in Spanish as: ‘Los Pueblos Indigenas y la Conservacion: Declaracion de Principios del WWF’.

WWF International (1996). Nepal Country Profile. Gland, WWF International.

Country profile of Nepal divided into the following sections: Nepal: vital statistics; Biological significance; Conservation threats; Achievements; WWF involvement in Nepal; Born to be Wild Conserving Nepalese Wildlife; Royal Bardia National Park Conservation Programme; Shey Phoksundo National Park; Institutional Support to Government Agencies and Local NGO’s; Conservation Education and Awareness; and Field Action Research Grants.

WWF International (1996). Tanzania Country Profile. Gland, WWF International.

Country profile of Tanzania divided into the following sections: Country profile; Biological significance; Conservation threats; Achievements; WWF involvement; Scholarships; Udzungwa Mountains National Park; Environmental education; Ruaha National Park; Conservation of lowland coastal forests; and Mafia Island Marine Park.

WWF International (1996). Vietnam Country Profile. Gland, WWF International.

Country profile of Vietnam divided into the following sections: Vietnam: vital statistics; Biological significance; Conservation threats; Achievements; WWF involvement in Vietnam; Marine conservation; Bachma National Park; Cat Tien National Park; and Conservation training biodiversity action plan.

WWF International (1997). Forests for Life. WWF’s Global Annual Forest Report 97. Gland, World Wide Fund for Nature.

The second of WWF’s Annual Forest Reports which looks at progress made in forest conservation by WWF and its partners during 1997. During 1997, WWF implemented a joint programme of work with IUCN, agreed common activities with the International Alliance of Indigenous-Tribal Peoples of the Tropical Forests, increased the number and size of Buyers’ Groups around and forged a new partnership with the World Bank which has made commitments to help implement WWF’s Forests for Life Campaign targets.

Yamin, F. and D. A. Posey (1993). “Indigenous Peoples, Biotechnology and Intellectual Property Rights.” Review of European Community and International Environmental Law 2(2): 141-148.

Reviews the various international organizations, conventions and declarations, and existing IPR rules that could be used to help indigenous people protect their knowledge, their folklore and crafts, and biodiversity.

Yamin, F. (1995). The Biodiversity Convention and Intellectual Property Rights. Gland, Switzerland, World Wide Fund for Nature.

Examines the link between IPRs and the CBD. The author proposes recommendations for the CBD to ensure that such rights are supportive of and do not run counter to the objectives of the Convention.

Yamin, F. (1995). “Biodiversity, Ethics and International Law.” International Affairs 71(3): 529-46.

Suggests that biodiversity conservation issues require us to clarify the moral and ethical foundations of our relations with the natural world and with each other. This may require new theories of ethics and international distributive justice, which would assist the implementation of the CBD.

Yano, L. I. (1993). “Protection of the Ethnobiological Knowledge of Indigenous Peoples.” UCLA Law Review 41(2): 443-86.

Explains the value of ethnobiological knowledge and finds that patent law is inadequate to protect such knowledge. Treaties and contracts are other possible mechanisms to protect traditional knowledge, but these have not yet proved effective in ensuring equitable benefit sharing. The author reviews economic patent theories and concludes that patent protection should be extended to include traditional knowledge.

Yen, A. C. (1992). “The Interdisciplinary Future of Copyright Theory.” Cardozo Arts and Entertainment Law Journal 10(2): 423-437.

There are two conflicting copyright theories. The first is the view that copyright exists to provide economic incentives for the production of creative work; so there is a compromise between authors and consumers. The second is the natural law theory, which postulates a moral right for creative people to benefit from the fruits of their labour. The US Supreme Court tends to support the economic argument alone. Analysts also generally explain concepts like originality and the idea-expression dichotomy in economic terms. The author is opposed to this view, arguing that considerations of justice and fairness are essential to a complete copyright theory.

Yen, D. E. (1993). “The Origins of Subsistence Agriculture in Oceania and the Potentials for Future Tropical Food Crops.” Economic Botany 47(1): 3-14.

Presents the complex prehistory of subsistence agriculture in the Pacific which was centred on Western Melanesia. It is argued that unlike past exploitation of indigenous plant resources, future users of plants, especially where commercialisation is involved, cannot avoid addressing IPRs that pertain to species domesticated, selected or conserved by peoples of the non-industrialised world.

Young, B. (1989). “New Zealand: Maori Tourism on the Launch Pad.” Tourism Management(June): 153-55.

Recent years have seen an upsurge of interest in the Maori people. This article explains how Maoris, who are attempting to participate more in the mainstream economy, are seeking to use the tourism industry to realise their goals.

Young, J. E. (1990). Bred for the Hungry? World Watch: 14-22.

Argues that biotechnology’s contribution to world agriculture will be more modest -- for the moment -- than first thought, but it may still help in the race to satisfy the world’s growing hunger.

Young, E. (1995). Third World in the First: Development and Indigenous Peoples. London & New York, Routledge.

European colonization has marginalized the ‘first peoples’ in industrialized countries such as Australia and Canada. Modernisation, exemplified by state and private development and the ‘assistance’ provided by the state, has disregarded the integrated socio-economic structures of their communities. The author examines how development has affected these peoples and explores alternative strategies that might be available them.

Yusuf, A. (1994). Technology and Genetic Resources: Is Mutually Beneficial Access Still Possible? Biodiplomacy. V. Sanchez and C. Juma. Nairobi, ACTS: 233-240.

The CBD has not resulted in a trade-off between access to genetic resources and access to technology. However, it has established a clear link between the supply of genetic resources and access to technologies which make use of these resources. This link can be exploited to the benefit of both gene-rich and technology-rich countries. Operational modalities and viable mechanisms are called for in order to render such co-operation effective. One possible mechanism is technology collaboration or knowledge-sharing agreements.

Yusuf, A. A. (1995). International Law and Sustainable Development: The Convention on Biological Diversity. African Yearbook of International Law. A. A. Yusuf. The Hague, Boston & London, Kluwer Law International. 2: 109-37.

Review of the CBD, which identified gaps and conflicts which need to be dealt with to make implementation more effective. The adoption of protocols is needed in several areas: for example, ways of sharing knowledge and technologies and protection of indigenous knowledge and practices. Furthermore, it is necessary for our knowledge of biodiversity to be enhanced and for developed countries to honour their financial commitments.

Zazzali, J. C. (1996). Los Derechos de Propiedad Intelectual, sus Relaciones con la Diversidad Biologica y la Proteccion de los Derechos de los Paises Amazonicos, Especialmente de Comunidades Indigenas y Locales Sobre sus Conocimientos, Innovaciones y Practicas. Lima, Tratado de Cooperacion Amazonica - Secretaria Pro Tempore.

Discussion document for a regional workshop on protection of Amazon biodiversity-related knowledge and technologies. It concludes with recommendations for regional action on intellectual property and biodiversity. (In Spanish)

Zerner, C. and K. Kennedy (1996). Equity Issues in Bioprospecting. The Life Industry. M. Baumann, J. Bell, F. Koechlin and M. Pimbert. London, Intermediate Technology Publications Ltd.: 96-110.

Assesses the benefit sharing practices of a number of pioneering private bioprospecting institutions. Argues that one of the fundamental lessons about designing equitable solutions is the recognition that there is no single appropriate model governing relationships among prospectors, source nations, NGOs, local communities and individuals. Local solutions may be more useful than generic principles or contracts. However, underprivileged social communities should be just as much the objects of policies on equity and environment as forest dwellers.