Lekha Laxman

The interface between TRIPS and CBD: efforts towards harmonisation

Purpose – The purpose of this paper is to analyse the interface between the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) and the Convention on Biological Diversity (CBD), to determine measures available to the global community to resolve the conflict between them, in order to prevent the rapid loss of biodiversity despite the diverse interests of nations.Design/methodology/approach – Within the framework of sustainability, this paper adopts a socio‐legal approach by undertaking a content analysis of the relevant treaties and juristic writings that sheds light on the existing matrix of interaction between the two legal instruments.Findings – The findings reveal that there is an urgent need to review all the instruments, particularly in the area of trade, intellectual property and conservation of biodiversity that causally influence the peoples freedoms and capabilities in the said areas. To overcome the range of these surmountable barriers, a comprehensive approach to developmen...

GMOs, safety concerns and international trade: developing countries' perspective

Purpose – This paper seeks to provide an in‐depth discussion on the impact of agricultural biotechnology in developing and least developed countries (LDCs) as well as the concomitant biosafety concerns that might have an impact on trade and the environment whilst highlighting the importance of choosing development pathways that are conducive to the specific needs of these nations without endangering the biodiversity and affecting peoples health.Design/methodology/approach – The paper adopts a socio‐legal approach by undertaking a content analysis of decided cases, relevant treaties and existing studies conducted in areas related to agricultural biotechnology within the framework of sustainable development imperatives.Findings – The paper suggests that developing countries venturing into agricultural biotechnology need to enrich the technology according to their needs and capabilities in order to be able to weigh the benefits against the risks in the production and import of genetically modified organisms...