ABSTRACT

The World Intellectual Property Organization (WIPO)'s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) plays a role in the delicate search for new multilateral principles and rules on genetic resources and associated traditional knowledge (GRAATK). This chapter looks at approaches followed in recent preferential trade agreements (PTAs) in dealing with IGC associated issues and particularly with respect to the nexus between IP rights, genetic resources, and traditional knowledge. It reviews trends and approaches in selected PTAs on GRAATK issues. The CARIFORUM-EU free trade agreement was the first of a new generation of trade agreements negotiated by the EU with third countries that acknowledges the need to take into account trading partners' national approaches with respect to defensive and positive protection of traditional knowledge. The trade agreements also recognise, for the sake of transparency, the usefulness of the disclosure requirement of origin or source of genetic resources and associated traditional knowledge used in patent applications.