The Future of Information under the CBD, Nagoya Protocol, Plant Treaty and PIP Framework

Charles Lawson, Michelle Rourke, Fran Humphries, ‘The Future of Information under the CBD, Nagoya Protocol, Plant Treaty and PIP Framework’ (2019) Journal of World Intellectual Property advanced copy DOI: 10.1111/jwip.12118

33 Pages Posted: 11 Aug 2021

See all articles by Charles Lawson

Charles Lawson

Griffith University - Griffith Law School

Fran Humphries

Queensland University of Technology; Griffith University - Griffith Law School - Law Futures Centre

Michelle Rourke

Griffith University, Griffith Law School

Date Written: January 1, 2019

Abstract

The United Nations’ Convention of Biological Diversity (and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization), the Food and Agriculture Organisation of the United Nations’ International Treaty for Plant Genetic Resources for Food and Agriculture, and the World Health Organisation of the United Nations’ (WHO) Pandemic Influenza Preparedness Framework all set out schemes for access and benefit sharing (ABS) some biological materials. This article addresses the apparent conflict between the general obligations in these agreements to disclose and exchange information and dealing with information as a resource derivative within the ABS transaction. This latter dealing is a closed domain for information under the ABS schemes where information is a resource derivative that is a part of the ABS transaction. Treating information as a resource derivative within the ABS transaction is likely to impose unnecessary and inefficient burdens on ABS transactions. After reviewing the recent developments, the article postulates a risk framework for valuing information as a part of the ABS transaction, or alternatively, a charge, tax, or levy to externalize the costs so that information remains available to be disclosed and exchanged promoting more and better science and research.

Keywords: ABS, CBD, information, Nagoya Protocol, PIP Framework, Plant Treaty

JEL Classification: K32, K33

Suggested Citation

Lawson, Charles and Humphries, Fran and Rourke, Michelle, The Future of Information under the CBD, Nagoya Protocol, Plant Treaty and PIP Framework (January 1, 2019). Charles Lawson, Michelle Rourke, Fran Humphries, ‘The Future of Information under the CBD, Nagoya Protocol, Plant Treaty and PIP Framework’ (2019) Journal of World Intellectual Property advanced copy DOI: 10.1111/jwip.12118, Available at SSRN: https://ssrn.com/abstract=3356090 or http://dx.doi.org/10.2139/ssrn.3356090

Charles Lawson

Griffith University - Griffith Law School ( email )

Gold Coast Campus, GU
Gold Coast 4222
Australia

Fran Humphries (Contact Author)

Queensland University of Technology ( email )

2 George Street
Brisbane, Queensland 4000
Australia

Griffith University - Griffith Law School - Law Futures Centre ( email )

Nathan Campus, GU
Nathan 4111
Australia

Michelle Rourke

Griffith University, Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

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