Post Graduate Diploma in Environmental Law and Policy

November 2022-2023
Last date for submission: 29th March, 2023
Total Marks: 50

The word limits and marks allocated to each question are mentioned after the question

Course 3: International Environmental Law and Policy II

Assignment 3

Question 1:

Intellectual Property Rights (IPR) fundamentally affect the quality and availability of innovative
ideas and products, and are therefore extremely important in achieving sustainable development,
ensuring human health, and protecting the environment. The level and scope of intellectual
property protection influences the flow of technologies between industrialized and developing
countries.

In light of the abovementioned statement, answer the following questions:

A. Match the following type of IPR in Box A to an example of the type of IPR in Box
B (1 mark each):
Box A Box B

i. Green Patent Technical information such as chemical

formulas, product specifications,
equipment designs, process and
engineering drawings, laboratory
notebooks, invention disclosures,
performance data, manuals, and risk
assessments.

ii. Trademark Operating programs for pollution

monitoring equipment; Process control
programs to optimize inputs and
wastes; Display panels; Operating
manuals, brochures, and specifications.
 iii. Copyright Case of Madd de Casamance, which
balances natural resource exploitation
with the need to regenerate the forests
where the fruit grows and form part of
the mandatory requirements that each
producer will have to respect if they
wish to register the IPR

iv. Trade Secret Green technology such as technology

concerning waste, wind power,
geothermal energy, solar energy, tidal
energy, biomass etc.

v. Geographical indicator Marks that are suggestive of the

environmental benefit of a product,
such as “Rewool” or “Recashmere” to
indicate goods made of recycled textiles.

B. Match the following legal provisions in Box B to the legal principle in Box A (1
march each).
Box A Box B

i. Ineligibility of certain inventions Article 27 (3)(b) of TRIPS Agreement

for patents which may cause
prejudice to the environment

ii. Protection of Plant Varieties Article 3 of CBD

and Farmers’ Rights Act, 2001

iii. Sovereign right of countries to Article 27 of TRIPS Agreement

exploit resources

iv. Objective of benefit sharing Article 16 of CBD

v. Transfer of Technology Article 1 of CBD

C. What do you understand by traditional knowledge? (2 marks, 50 words)

D. Fill in the Blanks: (2 marks)

a) The appropriation, without fair compensation, of genetic resources or the
corresponding traditional knowledge is known as ____________.
b) ___________ is the search for biological resources & accompanying indigenous
knowledge for the purpose of commercial exploitation.

E. Who was first to obtain a patent for: (6 marks)

i. Neem
ii. Ayahuasca
iii. Turmeric
iv. Basmati
v. Nap Hal
vi. Enola Bean

[Total 20 marks]

Question No. 2
The UN Biodiversity Conference (COP 15) achieved the adoption of a landmark
“Global Biodiversity Framework (GBF)” which aims at addressing the key drivers of
biodiversity loss.
GBF:https://www.cbd.int/doc/c/e6d3/cd1d/daf663719a03902a9b116c34/cop-15-
l-25-en.pdf

Answer the following questions, after reading the abovementioned GBF.

A. Fill in the blanks (1 mark for each blank)
a) The GBF aims to halt ______ of known threatened species by 2050.
b) In relation to the 2030 Agenda for Sustainable Development, the GBF promotes
equitable sharing of benefits and utilisation of ______.
c) Loss of areas of high biodiversity importance is combatted by addressing ______.
d) ___ percent of terrestrial, inland water, and coastal and marine areas are targeted to
be conserved by the system of ______ and other _________.
e) Reduction of pollution under Target 7 focuses on reducing the overall risk from
____ and hazardous chemicals
 f) The phenomenon of _____ is the decrease of pH level of the earth’s ocean due to
absorption of carbon dioxide by the ocean. This impacts marine food chains and
human food supply.
g) ____ use of wild species should be ensured in order to preserve_____ such as
regulation of air, water, and climate, soil health, pollination and reduction of disease
risk.

B. Answer the following:

a) What are some criticisms of area based conservation measures? (2 marks, 50-100
words)
b) What were the implications of COP 15 on traditional knowledge? (3 marks, 80-100
words)

C. Answer True or False (1 mark each)

a) The GBF proposes a ban on use, harvesting and trade of wild species
b) Urgent management actions to halt human induced extinction of known threatened
species and for the recovery and conservation of species include maintaining their
adaptive potential, including through in situ and ex situ conservation and sustainable
management practices
c) Target 17 requires compliance to Article 9 of the Convention of Biological Diversity
d) Identification, elimination, phasing out, or reforming incentives should be done by
2030
e) Financial resources should be increased from all sources including domestic,
international, public and private resources, in accordance with Article 20 of the
Convention
[Total 20 marks]

Question No. 3
International Environmental plays an important role in environmental protection as
environmental issues reach global levels of impact. The cause of environmental
degradation originates in the sovereign jurisdiction of one nation whilst its effects are felt
in the other nation.
In light of the abovementioned statement, answer the following questions:
A. Understand the relationship and fill in the blank: (1 mark)
 [Example: If Cat: Meow, then Dog: ___Bark____]
If Trail Smelter: First Arbitration Dispute, then Corfu Channel: __________

B. Match the Following: (5 marks)

Box A Box B

i. Pulp Mills Case Environmental Compensation

ii. Costa Rica v. Nicaragua Equidistance principle

iii. Gabčíkovo-Nagymaros Project Failure to inform/notify of plans

that may cause harm to
environment

iv. Australia v. Japan: New Zealand Whether impact on environment

intervening amounts to “grave and imminent
peril”

v. North Sea Continental Shelf Case JARPA II

C. Answer the following:

a) What was the ICJs advisory opinion on “Legality of the Threat or Use of Nuclear
Weapons.” (2 marks, 50 words)
b) What was the advisory opinion of the Inter-American Court of Human Rights on
“Human Rights and the Protection of the Environment”. (2 marks, 50 words)
[Total 10 marks]