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The Protection of Biodiversity and
Traditional Knowledge in International
Law of Intellectual Property
The relationships between international intellectual property treaties,
the United Nations international environmental treaties (first and fore-
most the convention on Biological Diversity), the relevant customary
norms and soft law form work of obligations that some-
times conflict with each other. The first set of treaties creates private
rights while the latter affirms the sovereignty rights of States over ic
resources and related knowledge and creates international regimes of
exploitation of the same.
Jonathan Curci proposes solutions to the conflicts between treaties
through the concept of “mutual supportiveness,” including the construc-
tion of a national-access and benefit-sharing regime, mandatory contrac-
tual provisions in relevant international contracts, a defensive protection
when ic-resource-related traditional knowledge is unjustly patented
through the analysis of the concepts of “ordre public and morality,”
“certificate of origin” in the patent application and “novelty-destroying
prior art” and positive protection through existing and sui generis intel-
lectual property rights and misappropriation regimes.
jonathan curci is the Legal Counsel of Quantam Business Group,
Ltd, Israel and Academic Counsel of Touro International University,
Rome.
Cambridge Intellectual Property and Information Law
As its economic potential has rapidly expanded, intellectual property
has e a subject of front-rank legal importance. Cambridge
Intellectual Property and Information Law is a series of monograph studies
of major current issues in intellectual property. Each volume contains a
mix of international, European, comparative and national law, making
this a highly significant series for practitioners, judges and academic
researchers in many countries.
Series editor
WILLIAM R. CORNISH
Emeritus Herchel Smith Pr