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Bioróżnorodność a ochrona patentowa
Biodiversity and patent protection

Author(s): Joanna Uchańska
Subject(s): Energy and Environmental Studies, Transformation Period (1990 - 2010), Sociology of Law
Published by: Instytut Badań Edukacyjnych
Keywords: biodiversity; access and benefit sharing; biopiracy; traditional knowledge; prior consent;

Summary/Abstract: The biodiversity is an inexhaustible reservoir of resources which ensure useful solutions of human beings. Therefore, it is necessary to protect natural resources. This paper presents selected issues on the sui generis protection of biodiversity established according to the Convention of Biological Diversity of the 5 June, 1992. The problem in-question was analyzed through the prism of the ABS tool – The Access to genetic resources and equitable Sharing of Benefits (Access and Benefit Sharing). The prior consent to resources was presented with reference to the ABS. Moreover, the analyze has been broaden by the subject matter of the relationship between the ABS and the patent law. This essay presents two main thesis in the area if the sustainable use of the biodiversity, and the possibility of irregularity of the provisions of the Convention on Biological Diversity and the patent law. Nevertheless, the paper discusses the biopiracy and the traditional knowledge.

  • Issue Year: 2013
  • Issue No: 2
  • Page Range: 12-22
  • Page Count: 11
  • Language: Polish