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. Intellectual property rights

INTELLECTUAL PROPERTY RIGHTS

The Conference of the Parties,

Requests the Executive Secretary to:

    (a) Liaise with the Secretariat of the World Trade Organization to inform it of the goals and the ongoing work of the Convention on Biological Diversity and to invite the Secretariat of the World Trade Organization to assist in the preparation of a paper for the Conference of the Parties that identifies the synergies and relationship between the objectives of the Convention on Biological Diversity and the TRIPs Agreement. This paper could be the basis for consideration by the third meeting of the Conference of the Parties in preparing a possible input for negotiations that are taking place in the Committee on Trade and Environment of the World Trade Organization;
    (b) Consult with all stakeholders, in particular the private sector and indigenous and local communities, in order to gain understanding of the needs and concerns of those groups whose participation will be required for cooperative arrangements to be meaningful and effective in achieving the Convention's objectives. These consultations may take place in the form of roundtable discussions;
    (c) Undertake a preliminary study which analyses the impact of intellectual property rights systems on the conservation and sustainable use of biological diversity and the equitable sharing of benefits derived from its use in order to gain a better understanding of the implications of Article 16(5). The study may focus on: (i) exploring the relationship between intellectual property rights and the preservation and maintenance of traditional knowledge and practices of indigenous and local communities and the possible role of intellectual property rights in encouraging the equitable sharing of benefits arising from the use of such knowledge and practices; and (ii) inviting Governments and other relevant stakeholders to submit case studies that address the role of intellectual property rights in the technology transfer process, in particular the role of intellectual property rights in the transfer of biotechnology.