The FTAA Chapter on Intellectual Property Rights: A North/South Struggle over Genetic Material


by Jean-Frédéric Morin (Centre international Unisfera)

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The second draft of the Free Trade Agreement of the Americas (FTAA) was released in November 2002. The draft is a compendium of provisions still being negotiated by the 34 governments of the Americas. Nevertheless, when analyzing the chapter devoted to intellectual property rights (IPR), one can easily observe a polarization between provisions that would raise intellectual property norms beyond the standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and provisions that would link IPR to the Convention on Biological Diversity (CBD) regime.

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