Conservation and Sustainable Exploitation of Plant Genetic Resources: International Developments (original) (raw)
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Conservation and sustainable exploitation of plant genetic rsources: International developments
Environmental Resources Research, 2020
Plant Genetic Resources (PGRs) are one of the most valuable natural resources of any country. Biotechnology through genetic engineering of plants and the creation of new plant varieties can increase the value of these resources. Different technical and legal mechanisms such as ex situ/in situ collection of PGRs, and Intellectual Property Rights (IPRs) indicate also an international institutional effort for sustainable use of biodiversity. Investigating international developments in the fields of exploitation and conservation of PGRs is therefore essential. The main purpose of this manuscript is to explore criteria that international legal instruments use for creating an appropriate interaction between conservation and exploitation of PGRs. These instruments have been especially developed in the two systems of international environmental law and intellectual property rights. Based on a descriptive analysis method, this research attempted to examine the provisions of these two legal instruments. Research findings indicate that intellectual property rights encourages the creation and development of green technologies, especially agrobiotechnology and protects Traditional Knowledge (TK) associated with PGRs as an appropriate tool for the sustainable exploitation of PGRs when implemented in a responsible manner. International environmental law paves also the way for biodiversity conservation through creation of binding and non-binding obligations for preserving genetic diversity on the planet. Sustainable conservation of PGRs requires an appropriate interaction between the two legal systems.
Current Journal of Applied Science and Technology, 2018
India is one of the twelve mega biodiversity countries in the world with two hotspots at Himalayan Region and Western Ghat. Besides, northeastern hilly region; Andaman and Nicobar Islands are also carrying huge diversity for biological resources. Phytobiodiversity and species richness have been observed with the longitudinal decrease or increase in these regions. Urbanisation, industrial growth and deforestation are threatening the plant genetic resources (PGR) that led to many plant species to be extinct or endangered. Thus, protection of PGR, their sustainable utilisation is crucial in the context of mitigating climatic changes and their access and benefit sharing. Protection of plant biodiversity particularly varieties were first time considered with the establishment of Union for Protection of Plant Varieties in the year 1961. Later on, in 1992 the 'Earth Summit' protection of PGR and benefit sharing was considered with the establishment of Convention of Biological Diversity (CBD). Plant varieties and their parts are not patentable subject matter, but it was directed as per article 27.3(b) of World Trade Organization (WTO) that member countries have to protect the plant varieties through Patent or any other sui generis system. Establishment of Protection of Plant Varieties and Farmer's Rights act (PPVFRA) in the year 2001 was sui generis system adopted in India. Presently, 150 crop species include food crops, horticultural crops, trees and forest crop species are accessible for registration under this act for a period of maximum 15 or 18 years. Till now, 3439 plant varieties of different crops were registered under the PPVFR Act. Among which
Examining the Interface between Intellectual Property Rights And Plant Genetic Resources
Intellectual property rights have been created to ensure protection against unfair trade practices. Owners of intellectual property are granted protection by a state or country under varying conditions and periods of time. The need for Intellectual Property Rights has arisen because the concept of property has changed over the years. Intellectual property can be loosely defined as creations of the human mind. These could be incorporated in creative or inventive works, including distinctive signs or marks. Examples are books, paintings or other literary and artistic works, inventions, designs and trademarks. Intellectual property rights (IPRs) are legal rights governing the use of such creations.This term covers a bundle of rights, such as patents, trademarks or copyrights, each different in scope and duration with a different purpose and effect. The potential knowledge as a creator of wealth is gaining currency all around the world. The biological diversity of the earth which is primarily concentrated in the tropics, i.e. developing countries, which is the raw material for biotechnology i.e. genes, folk varieties, land races, which can be used to develop new varieties by biotechnology.The research and development in biotechnology is principally confined to developed countries, particularly in private hands (mainly with MNCs). For their research and development they generally fall back on the genetic resources provided by developing countries, which were available to them free of charge till recently from the farmers and plant breeders from developing countries. The products or plant varieties, particularly created or developed from these genetic resources are protected through patents and plant breeder’s rights (PBR) in developed countries and are not freely accessible to developing countries.
The Journal of World Intellectual Property, 2007
The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) entered into force in 2004. It is the most recent piece in the current regime complex on plant genetic resources. However, wherever there are several legally binding international agreements dealing with at least partially overlapping issues, a conflict between them may arise. Such conflicts narrow the leeway that parties to more than one of the treaties have for implementation and may thus also reduce the treaties' potential for reaching their objectives. Against this backdrop, this article investigates the legal relationships between the ITPGRFA, on the one hand, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, the Union for the Protection of New Varieties of Plants and the Convention on Biological Diversity (CBD) on the other. It arrives at the conclusion that there are no conflicts between the ITPGRFA and any of those treaties at present, while negotiations conducted currently in the framework of the World Intellectual Property Organization and the CBD need carefully to avoid creating such legal conflicts.
2015
Published under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License * Senior research fellow, Fridtjof Nansen Institute. Tvedt has published extensively in the area of biological resources law and intellectual property in recent years (see www.fni.no for a complete list of publications). The most important monograph regarding genetic resources he co-authored with Tomme R. Young, Beyond Access:Exploring Implementation of the Fair and Equitable Sharing Commitment in the CBD. IUCN Environmental Policy and Law Paper No. 67/1 (available in English, Spanish and French, www.fni.no/publ/biodiversity.html). Tvedt is currently working on a monograph on patent law and the sui generis option in the plant sector for developing countries. He wants to thank Professor Trygve Berg at the Norwegian University of Life Sciences for valuable comments and discussions, and Research Professor G. Kristin Rosendal for useful input. The research for this article was funded by the Norwegian Research Council under the ELSA Programme and forms part of the three-year project 'Biotechnology in agriculture and aquaculture-effects of intellectual property rights in the food production chain'. The same topic is presented in the section by Tvedt in Medaglia and others. The Interface between the Nagoya Protocol on ABS and the ITPGRFA at the International Level-Potential Issues for Consideration in Supporting Mutually Supportive Implementation at the National Level.
Intellectual property rights, plant genetic resources and traditional knowledge
Rights to plant genetic resources and traditional knowledge: basic issues and perspectives, 2006
This chapter provides a basis to elaborate ideas and concepts that would allow the use of intellectual property rights (IPR) for the benefit of the sustainable promotion of traditional knowledge (TK) related to plant genetic resources. In the first part, the chapter addresses the economic rationale of forms of protection that are granted under intellectual property laws and policies. In the second part, this chapter discusses patent protection, plant breeders' rights and sui generis forms of protection. It explores the impact of these forms of protection on TK related to plant genetic resources and more broadly, on biodiversity and equity (benefit sharing). The last part of this chapter outlines the impact of IPR on competition laws and policies. It describes certain contractual practices (licensing, patent pools, mergers and acquisitions) that can reduce competition. It also includes a case study pertaining to the seed sector to illustrate consequences of concentrations among e...
Bibliography on access to plant genetic resources and intellectual property rights
2019
Plant genetic resources constitute the biological foundation of humankind. Research systems and agricultural production also depend on them. Plant genetic resources result from natural evolution and human intervention, and are considered patrimony of the nations. Although their conservation, use and exchange are among the objectives of the Convention of Biological Diversity and have been recognized internationally, the threats against their safety continue to increase. This bibliography, which contains work published all over the world since 1984, intends to contribute to IPGRI's goal on plant genetic resources policy. It contains 433 references with local descriptors. The records are organized in 2 subjects-access to plant genetic resources (91) and intellectual property rights (342). It includes references on the status of intellectual property rights in several countries, the application of farmers' rights to local varieties and the consequences of limiting access in the ...