scholarly journals Opportunities for Biotechnology Transfer to Developing Countries

1993 ◽  
Vol 3 (3) ◽  
pp. 268-279
Author(s):  
Don J. Durzan ◽  
M.D. Durzan
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Biological Diversity ◽  
Recombinant Dna ◽  
Developing Economies ◽  
Germplasm Conservation ◽  
International Agreements ◽  
Genetically Engineered ◽  
Adaptive Plasticity ◽  
Local Risk

Prospects for the establishment of joint-ventured agribusiness in developing countries are a function of international agreements, local risk conditions, business networks, and banking systems that are willing to support the innovative transfer, protection, assessment, and commercialization of biotechnology. The integration of biotechnology will occur only if truly convincing practices emerge that enhance biodiversity and the competitiveness of sustainable production, utilization, and marketing cycles. Integration also depends on agreements on intellectual property rights, plant protection, trade and tariffs, price stabilization, and non-trade-distorting policies. These policies deal with broad issues in research, pest and disease control, environmental quality, germplasm conservation, resource retirement programs, and even with crop and disaster insurance. Measures derived from these policies will apply to novel processes and to organisms that have been genetically engineered and approved for release into the environment. For developing countries, much more attention will have to be paid to biological diversity and sustainable balances among intercropped agriforest and horticultural production systems. Balances should be compatible with regional and local customs and practices before genetically engineered “green goods and services” are introduced in the marketplace. Recombinant DNA technologies are currently better-suited to deal on a “gene-by-gene” basis, with commodity surpluses and material conversions involving more concentrated and industrialized processes than with field plantations of genetically engineered, complex, and long-lived crops that may require considerable adaptive plasticity. In most countries with developing economies, the integration of recombinant DNA technology represents a “special problematique” involving politico- and socioeconomic and environmental factors. Barriers to transfer and integration may involve evolving international agreements, public acceptance, resource over-exploitation, environmental degradation, rapid insect and disease resistance, contaminated water and food supplies, reduced quality of life, labor quality, corruption, crime, farmers' rights, germplasm conservation, and lack of protection of intellectual property, among other factors. Hence, the timing and mode of transferring biotechnology needs considerable impact assessment on a case-by-case basis.

scholarly journals Positive Protection: Protecting Genetic Resources Related to Traditional Knowledge in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 122
Author(s):  
Rohaini Rohaini ◽  
Nenny Dwi Ariani
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Pressure

Genetic Resources is a foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide a financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through biopiracy, including Indonesia. Furthermore, in the early 1980s, access and benefit sharing (ABS) to genetic resources became an international issue. It leads to the adoption of the Convention on Biological Diversity (CBD) in 1992. However, since it was approved, the whole ideas of excellence of it could not be implemented, a problem on it still arises. Intellectual property right laws, in certain aspects, are possible for using to protect traditional knowledge from their utilization. However, at the same time, intellectual property regime also becomes “a tool” to legitimate of biopiracy practices. Due to massive international pressure, mostly in developing countries, it proposes two kinds of protections, which are positive protection and defensive protection. This paper will examine one of it, which is positive protection. By using the normative method and qualitative approach, this paper identified at least two kinds of positive protections that we can develop to protect genetic resources related to traditional knowledge, which are optimizing the patent law and developing the sui generis law. Furthermore, it can be done by some revision by adding new substances, an improvement on the articles, or even by doing the deletion on certain articles. Moreover, in order to develop the sui generis law, it identified several minimum elements that shall be contained on it, inter alia: the purposes of protection; scope of protection; criteria of protection; the beneficiaries of protection: the holder of traditional knowledge; the kind of rights to be granted; how the rights acquired; how to enforce it; how the rights lost or expired; and dispute resolution.  Keywords: Positive Protection, Genetic Resources, Traditional Knowledge.

scholarly journals International Intellectual Property Agreements as Agents of Sustainable Development of Developing Countries

2017 ◽  
Vol 9 (1) ◽  
pp. 1-19
Author(s):  
Bethel Uzoma Ihugba ◽  
Ikenna Stanley Onyesi
Keyword(s):  
Sustainable Development ◽  
Developing Countries ◽  
Intellectual Property ◽  
Developing World ◽  
Developed Countries ◽  
International Agreements ◽  
Status Quo ◽  
Least Developed Countries ◽  
The Sustainable Development ◽  
The Status

The paper examines the implication of International Intellectual Property (ip) laws and agreements on the sustainable development of Least Developed Countries (ldcs) and Developed Countries (dcs) and suggests approaches for improving the development and wellbeing of people in the developing world through national ip laws. The paper argues that generally international ip agreements may appear biased against developing countries and most dcs are reluctant to challenge the status quo and/or use the flexibilities of the international ip agreement to promote the wellbeing of their citizens. However, the article finds that ldcs and dcs could change this trend through the creative use of national ip laws and international agreements to promote the sustainable development of ldcs and dcs. The major instrument suggested for this shift in approach is the establishment of national ip administration institutions and the positive use of compulsory licences.

scholarly journals A different kind of war: Internet databases and legal protection or how the strict intellectual property laws of the West threaten the developing countries’ information commons

2004 ◽  
Vol 2 ◽  
Author(s):  
Maria Canellopoulou-Bottis
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Legal Protection ◽  
International Agreements ◽  
The European Union ◽  
The West ◽  
Information Commons ◽  
The Us ◽  
Countries In Transition ◽  
Internet Databases

This paper describes intellectual property legislation in the European Union, the US and the Draft Treaty on the legal protection of unoriginal databases, usually available in the Internet. I argue that this type of legislation, if enforced upon developing countries and countries in transition through international ‘agreements’, could in effect deprive them of their own information commons, their own public domain. With examples from China, India, Africa and Iceland, I argue that this deprivation in the case of developing countries is, morally, equal to a virtual war against them by the West, wholly unjustified and dangerous-an example of virtual imperialism.

Intellectual property problems of biodiversity in multi-dimensional perspective

2017 ◽  
Vol 23 (3) ◽  
Author(s):  
Lin Cai
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Biological Diversity ◽  
Developed Countries ◽  
Intellectual Property Protection ◽  
Convention On Biological Diversity ◽  
New Varieties ◽  
Common Interests ◽  
The Developed Countries ◽  
National Ownership

The characteristic of biodiversity is the country or national ownership of biodiversity resources, while intellectual property protects private interest and emphasizes privatization. The conflict between them directly results in the weak protection of biodiversity; as a result, many economic benefit disputes generates between the developed countries and the developing countries. Therefore, coordinating the correlation between biodiversity and intellectual property becomes especially important. Though the Convention on Biological Diversity (CBD), Trade Related Aspects Intellectual Property Rights (TRIPS) and International Union for the Protection of New Varieties of Plants (UPOV) convention have made stipulations, the complete coordination is still difficult to be realized due to the limitations. Biodiversity is impossible to be the object of intellectual property, but biotechnological products or traditional knowledge produced because of the application of biodiversity can be the direction of intellectual property protection. China which is a great power in aspects of biodiversity resources and biotech cutting-edge technology not only has to keep the biodiversity of China away from infringement, but also needs to positively involve in intellectual property laws formulation and international corporation, maintaining the common interests of the developing countries, and make contributions to the intellectual property protection of biodiversity.

Intellectual Property Rights and Export Sophistication

2016 ◽  
Vol 07 (03) ◽  
pp. 1650015 ◽  
Author(s):  
Huiying Zhang ◽  
Xiaohui Yang
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Developing Economies ◽  
Developed Countries ◽  
Mediating Effect ◽  
Mediating Role ◽  
Ipr Protection

Developing economies are aiming to upgrade the sophistication of their exports. Previous studies have explored the drivers of export sophistication. However, the intellectual property rights (IPR) protection has attracted little attention. This paper studies how IPR protection affects export sophistication. The empirical results show that in developing countries, foreign direct investment (FDI) and imports play a mediating role in the relationship between IPR protection and export sophistication; while for developed countries, the corresponding mediating effects rely on research and development (R&D) and FDI. In addition, when making a more accurate classification of developing countries' imports and inward FDI origin, we find that the mediating effect depends on South–South imports and North–South FDI.

International Seminar – Contributions to the Development Agenda on Intellectual Property Rights

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Ana Celia Castro ◽  
Maria Beatriz Amorim Bohrer
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Law ◽  
Patent System ◽  
International Seminar ◽  
Development Agenda

TRIPS as it stands is against the interests of developing countries, and needsreform. In developing their own patent law, developing countries need to recognizethat there is now near consensus among informed observers that patentlaw and practice have, in some cases, overshot, and need to be reformed. Thatis the burden of the recent NAS/NRC report on “A Patent System for the 21stCentury.

scholarly journals Innovative entrepreneurship in emerging and developing economies: the effects of entrepreneurial competancies and institutional voids

2021 ◽  
Author(s):  
Amirmahmood Amini Sedeh ◽  
Amir Pezeshkan ◽  
Rosa Caiazza
Keyword(s):  
Developing Countries ◽  
Developing Economies ◽  
Negative Impact ◽  
Institutional Voids ◽  
Developed Economies ◽  
Key Drivers ◽  
Innovation Barriers ◽  
Entrepreneurial Competencies ◽  
Emerging And Developing Countries ◽  
Different Levels

AbstractInnovative entrepreneurship is one of the key drivers of economic development particularly for less developed economies where the economic growth is at the forefront of policymakers’ agenda. Yet, the research on how various factors at different levels interact and bring about innovative entrepreneurship in emerging and developing countries remains relatively scarce. We address this issue by developing a multilevel framework that explains how entrepreneurial competencies attenuate the negative impact of innovation barriers. Our analysis on a sample of individuals from 24 economies, 17 developing and 7 emerging countries, reveals that entrepreneurial competencies become more instrumental for innovative entrepreneurship when general, supply-side, and demand-side innovation barriers are higher. The findings offer unique insights to policymakers particularly in developing countries interested in promoting innovative entrepreneurship and to entrepreneurs and investors seeking to establish and support innovative ventures.

scholarly journals Assessment of the Mechanism for Mining Technology Transfer in the Area: Loopholes in ISA Practice and Its Mining Code

2021 ◽  
Vol 13 (13) ◽  
pp. 7005
Author(s):  
Yu Ning
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Intellectual Property ◽  
Capacity Building ◽  
Mining Technology ◽  
Positive Approach ◽  
Commercial Exploitation ◽  
Governmental Organization ◽  
International Seabed Authority ◽  
Favorable Conditions

Draft commercial exploitation regulations have been on the agenda of the ISA since several 15-year exploration contracts expired a few years ago. Given the ineffective implementation in practice and the ignored chapter in several mining regulations on the transfer of mining technology, the future Enterprise and developing countries may take a more positive approach to the transfer of mining technology by striking a delicate balance between the provisions on the protection of intellectual property and those on capacity building under the framework of UNCLOS and the 1994 Agreement, through reciprocal and mutual beneficial means such as direct technology purchasing and investment cooperation. The International Seabed Authority, as the competent inter-governmental organization, has the duty to foster favorable conditions for such transfer.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

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