Golden Gate University Law Review


Vandana Date


This Comment will examine the necessity of preserving biodiversity in general, and the specific influence of International Environmental Law (IEL) and Intellectual Property Rights (IPR) on preserving the earth's biodiversity. Additionally, this Comment focuses on the numerous problems arising from the rapid destruction of biodiversity and how application of IPR may abate these problems. Part II discusses the evolution of IEL, including the chronological development of global environmentalism and the need for further ecologically sustainable development. Part III reviews two recent treaties that provided a forum for discussing the connection between the preservation of biodiversity and IPR: the United Nations Conference on Environment and Development's (UNCED) Convention on Biological Diversity and the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Part IV focuses on the ongoing debate between developed and developing nations regarding the sovereignty of biological resources, IPR and the preservation of biodiversity. Finally, Part V discusses future actions and recommendations to harmonize the approaches of developed and developing nations. This Comment cites examples of ongoing actions by various organizations towards resolving the differences between the Biodiversity Convention and the TRIPS Agreement.