The Study on Global IPRs Regimes for Biodiversity: CBD and TRIPs

According to several studies, a conflict exists between CBD and TRIPs with regard to ABS, as the two regimes operate under different assumptions with regard to property rights pertaining to genetic resources- and hence, essentially pursue different objectives. This study tries to examine the argument for the contradictions between the CBD and TRIPs, and explore alternative actions that could resolve the conflicts between IPRs and protection of biodiversity. For that this paper analyzes their legal provisions and historical evidences in terms of international political economic perspective. Why are they in tension? Could this tension be feasibly compatible? Is there any tactic by which the struggle might be settled? This study supports the argument by asserting that the contradiction between the two treaties is too deep to be unraveled because: each treaty is supported by fundamentally different stake holders; accordingly, the two treaties contain distinctly different content; moreover, each party is equipped with asymmetrical bargaining power. In an effort to help lessen the conflicts between IPRs and ABS, this article posits bilateral negotiation rather than multilateral agreement as a possible alternative regime. But the bilateral negotiation should be different from TRIPs-plus which is biased for developed countries.