ОЧУВАЊЕ БИОДИВЕРЗИТЕТА И ПРАВО ИНТЕЛЕКТУАЛНЕ СВОЈИНЕ: КОНЦЕПТУАЛНИ НЕСПОРАЗУМ
BIODIVERSITY CONSERVATION AND INTELLECTUAL PROPERTY LAW: A CONCEPTUAL MISUNDERSTANDING

Summary/Abstract: The author has set up a thesis on conceptual incompatibility of intellectual property rights and the objectives of the Convention on the protection of biodiversity. The thesis is developed through analysis of: a) the problem at the level of particular institutes of patent law and the law of protection of genetic resources and traditional knowledge, b) public policy incentives for technological development and conservation of biodiversity, and c) conflicts of ideological values from which this policies emerge. The conclusion is that the core of the problem is in different and contradictory legal, political and ideological treatment of the public domain, depending on whether it is seen from the perspective of the interests of the developed or the so-called third world.

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