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Issues Relating to the Relationship between TRIPS and CBD
The mandate of the Doha Declaration under Paragraph 19 entrusts the TRIPS council to investigate inter alia the issues relating to the relationship between the TRIPS Agreement and the Convention on Biological Diversity (CBD). India is one among the countries that stood for a harmonised operation of the TRIPS and the CBD right from the beginning of coming into force of the two agreements. In the TRIPS Council, the Trade Policy division of the Ministry of Commerce and Industry is representing the Government of India on this issue. The Trade Policy Division sanctioned a project to the Centre for IPR Studies, HRD Chair on IPR to support it in terms of policy formation on this issue during the period 2003-05. Ms. Prabha S. Nair was assisting the HRD Chair as the Research Associate in drafting the papers to be submitted to the Government of India. The following are some of the selected papers submitted to the Ministry to form the policy of the Indian Government on this particular subject.

  1. Problems and Possibilities in Enforcing a Contractual Framework for Access and Benefit Sharing – An Indian Perspective
  2. Need for Disclosure of Source and Country of Origin: National Experience  
  3. Issues of Divergence on the TRIPS Agreement, PIC and Benefit Sharing
  4. Answer to the US submission – IP/C/W449
  5. Answer to the US submission – IP/C/W469
  6. Answers to Follow-up Questions from Switzerland: Re:IP/C/W/470
  7. Certificate of Origin/Source/Legal Provenance: Comment
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