TRIPS AGREEMENT AND CONVENTION ON BIOLOGICAL DIVERSITY (CBD Sample Clauses

TRIPS AGREEMENT AND CONVENTION ON BIOLOGICAL DIVERSITY (CBD. Conservation and sustainable use of biological diversity and associated traditional knowledge is critical for meeting the food, health and other needs of the growing world population. Granting of patents on products out of the biological material and processes based on traditional knowledge overlooking the interests of the holders of such biological material and knowledge undermines the prospects of conservation and sustainable use of genetic resources and associated traditional knowledge. A number of developing countries, including the group of Mega-diverse countries, have consistently argued that bio-piracy and misappropriation seriously affect the developmental benefits, environmental benefits, and the economic benefits of the people who are holders of biological material and associated traditional knowledge. 1. In undertaking this work, the TRIPS Council shall be guided by the objectives and principles set out in Articles 7 and 8 of the TRIPS Agreement and shall take fully into account the development dimension.” India and other developing countries have been raising the issue of protection of traditional knowledge and the relationship between the CBD and the TRIPS Agreement for the last few years in the WTO. To take the discussions forward on the above mentioned issues and also to fulfill the mandate contained in Para 19 of the Doha Ministerial Declaration, a number of developing countries submitted in the TRIPS Council (IP/C/W/420) that an applicant for a patent, who uses genetic resources and/or traditional knowledge associated with that, shall as a condition (“disclosure requirements”) for acquiring patent rights provide the following: a) Evidence of Disclosure of source and country of origin of the biological resource and/or associated traditional knowledge used in the invention; b) Evidence of prior informed consent (PIC) under the relevant national regime; and c) Evidence of benefit sharing under the relevant national regime.
Sample 1
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