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Protection and conservation--TRIPs and CBD: a way forward
Authors:Goel  Rahul
Abstract:Legal context: There is a complex relationship and interplay between TRIPsand CBD, two multilateral agreements adopted to attain inherentlydistinctive objectives. Key points: The CBD/TRIPs issue has been discussed in the WTO since 1996in the Committee on Trade and Environment, and has been on theagenda of the TRIPs Council since 1999. At the WTO Doha MinisterialMeeting in 2001, a Trade Minister made reference to the issuein paragraphs 12 and 19, instructing the Council for TRIPs tolook into the relations between TRIPs and CBD. The discussionin the TRIPs Council has gone into considerable detail witha number of ideas and various proposals have been mooted todeal with the same. Practical significance: This paper attempts to discuss and analyse the areas of possibleconflict and reasons for such conflicts. It also seeks to gainan insight into the thought-process of the various stakeholders,then discusses alternative courses of action, and attempts tochart the way forward.
Keywords:Although issues such as NAMA dominated the 2005 WTO Ministerial Conference  TRIPs and CBD were also under the spotlight    This article discusses the complex interplay between TRIPs and CBD  two multilateral agreements adopted to attain inherently different objectives    The author analyses the areas of possible conflict and reasons for them and seeks to gain an insight into the thought-processes of the various stakeholders  discussing the options for future action  
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