Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Open Access Article 23. Technology Transfer, Collaboration and Cooperation

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Article 23. Technology Transfer, Collaboration and Cooperation

Access full text chapter:

  • PDF

Chapter Summary

Technology transfer is an essential form of benefit-sharing and a key means to contribute to the conservation and sustainable use of biodiversity. The main legal complexity related to Article 23 of the Nagoya Protocol, as anticipated in the opening provision of the Protocol, concerns the limitation of State efforts in sharing technology that is in the hands of private actors, particularly when protected by intellectual property rights (IPRs). This is a complexity that is common to other multilateral environmental agreements (MEAs). This chapter analyses the light of the reticence of the Protocol negotiators to address WTO law- and IPR-related matters the obligation to cooperate in the area of technology, and the obligation related to technology transfer, in turn. Overall, the commitment to technology transfer must be implemented in good faith to ensure fair and equitable benefit-sharing, as required to realize the objective of the Protocol.

Keywords: Article 23; biodiversity; intellectual property rights (IPRs); multilateral environmental agreements (MEAs); Nagoya Protocol; technology transfer; WTO law



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Unraveling the Nagoya Protocol — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation