The Trans-Pacific Partnership and Sustainable Development: Access to Genetic Resources, Informed Consent, and Benefit-Sharing

Charles Lawson and Kamalesh Adhikari (ed.), Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing, Abingdon (Oxon) and New York: Routledge, 2018, 151-184.

Posted: 27 Feb 2018

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Date Written: February 15, 2018

Abstract

This chapter considers a number of key chapters of the TPP relating to access to genetic resources, informed consent and benefit-sharing. Part 2 looks at the TPP chapter on Intellectual Property and focuses on access to genetic resources, informed consent and benefit-sharing. In particular, this part considers Indigenous intellectual property in the context of a challenge under the Treaty of Waitangi between the New Zealand government and the Māori. This conflict has raised larger questions about Indigenous sovereignty, investor-state dispute settlement, and plant intellectual property. Part 3 considers the TPP chapter on the Environment, and its treatment of access to genetic resources. Part 4 focuses on the TPP chapter on development, and considers its relevance and implications for biodiversity. The conclusion in Part 5 considers the future of the TPP, and the rival regional agreement, the Regional Comprehensive Economic Partnership (RCEP). The conclusion contends that trade agreements in the Pacific Rim should seek to strengthen the regional institutions, networks, and rules in respect of access to genetic resources, informed consent and benefit-sharing.

Keywords: Intellectual Property, Biodiscovery, Sustainable Development, Indigenous Intellectual Property, Access to Genetic Resources, Trans-Pacific Partnership, Treaty of Waitangi, International Trade, International Law, Informed Consent, Benefit-Sharing

JEL Classification: K32, K33

Suggested Citation

Rimmer, Matthew, The Trans-Pacific Partnership and Sustainable Development: Access to Genetic Resources, Informed Consent, and Benefit-Sharing (February 15, 2018). Charles Lawson and Kamalesh Adhikari (ed.), Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing, Abingdon (Oxon) and New York: Routledge, 2018, 151-184.. Available at SSRN: https://ssrn.com/abstract=3124097

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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