Declaration made on August 31, 2016:
"Upon its ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, the French Republic reiterated its declaration made upon its ratification of the Convention on Biological Diversity."
Declaration made upon ratification:
"With reference to article 3, that it interprets that article as a guiding principle to be taken into account in the implementation of the Convention;
The French Republic reaffirms its belief in the importance of the transfer of technology and biotechnology in guaranteeing the protection and long-term utilization of biological diversity. Respect for intellectual property rights is an essential element of the implementation of policies for technology transfer and co-investment.
The French Republic affirms that the transfer of technology and access to biotechnology, as defined in the Convention on Biological Diversity, will be implemented according to article 16 of that Convention and with respect for the principles and rules concerning the protection of intellectual property, including multilateral agreements signed or negotiated by the Contracting Parties to the present Convention.
The French Republic will encourage recourse to the financial mechanism established by the Convention for the purpose of promoting the voluntary transfer of intellectual property rights under French ownership, inter alia, as regards the granting of licences, by traditional commercial decisions and mechanisms while ensuring the appropriate and effective protection of property rights.
With reference to article 21, paragraph 1, the French Republic considers that the decisiontaken periodically by the Conference of the Parties concerns the "amount of resources needed" and that no provision of the Convention authorizes the Conference of the Parties to take decisions concerning the amount, nature or frequency of the contributions from Parties to the Convention."
签署时的声明:
“关于第3条,它将该条解释为实施公约时要考虑的指导原则。
关于第21条第1款,缔约国会议定期决定涉及“所需资源的数量”,公约没有条款授权缔约国会议作出涉及缔约国向公约捐助的金额,性质或频率的决定。”
鸣谢:译文由WIPO提供。© 2014 WIPO
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