Accessing and Benefit Sharing the Influenza Viruses: The Sting in the Conflict between the Cbd and Trips

Abstract

This chapter addresses the development of the World Health Organisation's arrangements for accessing viruses and the development of vaccines to respond to potential pandemics (and other lesser outbreaks) following Indonesia's challenge to the existing access and benefit sharing arrangements for "its" H5N1 viruses. The chapter examines the ongoing "conflict" between the United Nations' Convention on Biological Diversity (CBD) and the World Trade Organisation's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the context of the debates about the paramountcy of intellectual property, and the potential for other policy imperatives to over-ride respect for intellectual property and TRIPS. Indonesia's challenge is fascinating because it reverses the traditional intellectual property stance in the North-South divide in international environmental and trade debates.

Keywords: World Health Organisation, virus, vaccine, pandemic, Indonesia, H5N1, Convention on Biological Diversity, Trade Related Aspects of Intellectual Property Rights, environment, trade