Chapter 6. The Nagoya Protocol and WTO Law

Abstract

This chapter provides a preliminary consideration of the scope of the Nagoya Protocol and the nature of its obligations, and presents an overview of the main substantive trade issues arising from the Protocol. These concern the relationship between the Protocol's access and benefit-sharing (ABS) regime and World Trade Organisation (WTO) agreements on trade in goods and that between the Protocol and WTO obligations in the field of intellectual property rights (IPRs). The chapter revisits the systemic issue of the interface between trade rules and the biodiversity regime in the light of the specific Nagoya Protocol's clause on its relationship with other agreement and of pertinent WTO negotiations. It concludes with a summary of the reasons why the Nagoya Protocol fails to meet the expectation of an agreement laying down clear rules in the trade-and-biodiversity area. Keywords:access and benefit-sharing (ABS); biodiversity regime; intellectual property rights (IPRs); Nagoya Protocol; World Trade Organisation (WTO)