Title: The Role of “Soft Law”/Guidance in Different Jurisdictions
Abstract: This paper details the potential of ‘soft law’ to promulgate instruments about the conception
of ‘essentially derived varieties’ introduced by the International Convention for the
Protection of New Varieties of Plants in 1991 (UPOV 1991). After addressing the forms of
‘soft law’ possible under the UPOV 1991 the paper provides a case study example of
adopting the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable
Sharing of the Benefits Arising out of their Utilisation under the United Nations Convention
on Biological Diversity (CBD) as a ‘soft law’ means of addressing the uncertain and
contentious access and benefit-sharing obligations. The paper concludes with some key
learnings for adopting ‘soft law’ instruments.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot