The Impacts of Collective Action and Property Rights on Plant Genetic Resources

2007 ◽  
Vol 35 (9) ◽  
pp. 1489-1498 ◽  
Author(s):  
Pablo B. Eyzaguirre ◽  
Evan M. Dennis
Keyword(s):  
Collective Action ◽  
Property Rights ◽  
Genetic Resources ◽  
Plant Genetic Resources

Intellectual Property Rights on varieties and access to plant genetic resources: towards a coherent and an ethically based approach

2003 ◽  
Vol 1 (2-3) ◽  
pp. 97-102
Author(s):  
H. Feyt
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Genetic Resources ◽  
Intellectual Property Rights ◽  
Scientific Community ◽  
Plant Genetic Resources ◽  
Specific System ◽  
Starting Point ◽  
Living Material ◽  
Living Organisms

AbstractThe concept of Intellectual Property Rights (IPRs) is a very old one, dating as far back as Ancient Greek times. A specific system of IPRs for living organisms was adopted internationally for the first time, for plant varieties, in 1961, through the UPOV Convention. Progress in the field of biotechnology in the 1970s was the starting point for extensive debate on the patenting of living material among both the scientific community and in public fora, resulting in several independent international agreements which, in turn, contributed to the evolution of the Patent System for gene protection and of the statute of plant genetic resources. But, in their current state, the provisions of these various agreements are not globally coherent and, more particularly, conflict specifically with plant varieties and genetic resources. The questions could be solved by generalizing the cornerstone principle of the UPOV Convention, i.e. the free use of genetic variability, which seems to meet the demand of the scientific community.

scholarly journals Intellectual Property Rights (IPR) issues related to access and use of genetic resources

2019 ◽  
Vol 79 (01S) ◽  
Author(s):  
Pratibha Brahmi ◽  
Vandana Tyagi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Genetic Resources ◽  
Intellectual Property Rights ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Genetic Material ◽  
Convention On Biological Diversity ◽  
Food And Agriculture ◽  
Food And Nutritional Security

Genetic Resources (GR) refer to genetic material of actual or potential value. Use of GR refers to the process of researching their beneficial properties and using them to increase scientific knowledge and understanding, or to develop commercial products. There is continuous search for newer resources to meet the future demands that arise with the emergence of new diseases, abiotic stresses, climate change, and enhanced demand for food and nutritional security. GR are exchanged and searched continuously for specific traits to improve yields and nutritional value in crops and animal genetic resources. Every nation is concerned with acquisition of diverse and superior germplasm for conservation and utilization. The rapid advancements in the fields of molecular biology, biotechnology and bioinformatics, led to the emergence of new legal, political and technological regimes regulating access to GR. Three international negotiations impacted the access to GR, these are the Convention on Biological Diversity (CBD), the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as part of the Agreement establishing the World Trade Organization (WTO) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). The regulation regarding access to GR, increasing application of IPRs and the vast potential of biological wealth yet to be tapped through bio-prospecting and genetic engineering, has placed greater demands on nations to adjust to the changing scenario of GR management. Currently access to GR is under the provisions of CBD and access to GR is based on mutually agreed terms (MAT), subject to prior informed consent (PIC). In response to CBD, India enacted the Biological Diversity Act (BDA), 2002 and established the National Biodiversity Authority (NBA) in 2003. Access to PGR from India is therefore regulated by BDA, 2002. The Nagoya Protocol which entered into force from October 2014 defines the international regime within the framework of CBD to promote and safeguard the fair and equitable sharing of benefits arising from the utilization of genetic resources. The paper discusses these agreements in detail with reference to access and use of GR.

Intellectual Property Rights and the Politics of Food

2014 ◽  
Author(s):  
Krishna Ravi Srinivas
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Genetic Resources ◽  
Intellectual Property Rights ◽  
Legal Status ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Convention On Biological Diversity ◽  
Free Access ◽  
Nation States

The legal status of plant genetic resources has been subject to numerous international agreements and laws over the centuries. The “common heritage of mankind” approach enabled free access but proved unworkable because of conflicts over intellectual property rights. The Convention on Biological Diversity (1992) recognized sovereign rights of nations over genetic resources within their territory. The Trade Related Intellectual Property Rights Agreement under auspices of the World Trade Organization mandated intellectual property protection for plant varieties, but synchronizing such rights has proved problematic. Many developing countries have enacted sui generis regimes to comply with TRIPS requirements. The International Union for the Protection of New Varieties of Plants Convention provides models that have changed over time. With the advent of agricultural biotechnology and availability of intellectual property rights for plant components, patents relating to plant genetic resources have increased. As plant genetic resources are subject to many overlapping treaties, the regime governing them is becoming more complex, resulting in inconsistencies and disputes. While the rights of plant breeders and the private seed industry are well protected in formal agreements, the rights of farmers, who have nurtured diversity in plant genetic resources, developed varieties of crops with different traits, and contributed to exchange and conservation of plant genetic resources, are left to the discretion of nation-states. Farmers’ rights are mentioned in many international legal instruments, but no binding treaty or convention mandates protecting and promoting the rights of working farmers.

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