Convener: Dr Siva Thambisetty, Associate Professor of Intellectual Property Law, London School of Economics and Political Science

Dates: July 3rd 1-3.30 pm and July 10th 1-3.30 pm BST.

Description: These two seminars will provide a forum to discuss negotiating positions related to intellectual property and benefit sharing in the new legally binding instrument on biodiversity beyond national jurisdictions (BBNJ). Intellectual property remains one of the most divisive issues in the draft Treaty and yet permeates the text as a cross cutting issue.

The discussion over the two seminars, will be led by a small group of academic experts with experience in complex international negotiations. Pointed presentation on key aspects of Articles 10-13, and related elements of the Preamble will help to keep the discussion text based. For this reason, the event is best suited to those closely associated with the BBNJ negotiations.

Aim of the workshop: To allow diverse regional groups to develop specific textual proposals, and discuss alignment on text and substance.

Content is focussed on a developing/middle income country perspective while bearing in mind critical issues where common ground can be found more widely. A Briefing document can be downloaded once registration is complete.

Schedule and registration: Being online in these challenging times can be taxing. For this reason the topics are split over two Fridays and the sessions will run for two and a half hours each, allowing for time for discussion. Please register for both days.

Please register with name, affiliation and email. The Briefing document can be accessed once registration is complete.

We hope you will be able to join us. Further handouts and updates will be sent on the registered email.

Chatham House Rules will apply (When a meeting, or part thereof, is held under the Chatham House Rule, participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed). All attendees will be bound by the rules.

Questions: During the seminar you may ask questions in the chat function or using the raised hand function on Zoom. If easier you may also email the questions in advance to s.thambisetty@lse.ac.uk.

List of confirmed experts :

1. Siva Thambisetty, Associate Professor of Intellectual Property Law, Law Department, London School of Economics – Intellectual property as cross cutting issue, Limitations and Exceptions approach in Art 12.

2. Elisa Morgera, Professor of Environmental Law, University of Strathclyde – Preambular language to strengthen Arts 10-13; Equitable benefit sharing as a principle of international law.

3. Claudio Chiarolla, UNDP – On the clearing house mechanism, link to compliance and enforcement.

4. Pierre du Plessis, African Union – Elements of a multilateral benefit sharing mechanism

5. Holger Hestermeyer, Reader in International dispute resolution, Kings College London – On dispute resolution arrangements (Art 54) related to Art 10-13.

AGENDA:

Each speaker will present for 10 minutes, followed by discussion and questions for 25 minutes.

July 3, 2020: 1-3.30 pm BST

1. Siva Thambisetty - Arts 10 &11- Access to MGRs and scope of the Treaty

2. Claudio Chiarolla -Clearing House Mechanism, Relationship to IP and Compliance

3. Holger Hestermeyer - Dispute Settlement Related to MGRs and Benefit-Sharing

July 10, 2020: 1-3.30 pm BST

1. Elisa Morgera - Equitable Benefit- Sharing as a Principle of International Law and Preambular Language

2. Siva Thambisetty - Limitations and Exceptions approach to IP in Article 12

3. Pierre DuPlessis - Multilateral Benefit- Sharing Mechanism for the BBNJ

Intellectual Property and Benefit Sharing in the BBNJ Instrument