Intellectual Property Rights and Biological Diversity: Considerations for Latin America

2009 ◽  
pp. 185-214 ◽  
Author(s):  
Jorge Cabrera Medaglia
Keyword(s):  
Latin America ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Biological Diversity

The state of intellectual property rights (IPRs) in Latin America and its implications for innovation and growth

2020 ◽  
Vol 19 (1) ◽  
pp. 23-42
Author(s):  
Goretti Cabaleiro ◽  
Felipe Salce
Keyword(s):  
Developing Countries ◽  
Latin America ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Ipr Protection

This article reviews the primary implications of having strong intellectual property rights (IPRs) for innovation in the context of the situation in Latin America. Specifically, the article reviews the relationships, as found in the literature, between strong IPR protection and important economic and innovation-related variables both for developed and developing countries. Beyond its focus on Latin America, the paper also provides evidence and explains the situation of the different IPR regimes; describes the existing regional and global legislation and initiatives; and looks into the debate regarding the effect of IPRs in developing countries.

Africa and Intellectual Property Rights for Plant Varieties

2020 ◽  
Author(s):  
Titilayo Adebola
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
African Country ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Small Scale ◽  
Model Law ◽  
Plant Breeders Rights

The entry into force of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on 1 January 1995 reversed Africa’s relationship with intellectual property rights for Plant Varieties. Except for Kenya, South Africa, and Zimbabwe, no other African country had intellectual property rights systems for plant varieties before TRIPS. However, the obligation set out in Article 27.3(b) of TRIPS for all World Trade Organization (WTO) members to protect plant varieties through patents, an effective sui generis system, or a combination of systems, heralded revisions to the intellectual property laws and policies on the continent. Africa’s response to Article 27.3(b) of TRIPS was the Organization for African Unity (now African Union—AU) African Model Law for the Protection of the Rights of Local Communities, Farmers, and Breeders, and for the Regulation of Access to Biological Resources (African Model Law), adopted in 2000. Grounded on the dynamic social, economic, and political realities in Africa, the African Model Law seeks to balance small-scale farmers’, farming communities’, and commercial plant breeders’ interests. The African Model Law rejects patents for plant varieties and the wholesale adoption of the 1991 version of the International Convention on the Protection of New Varieties of Plants (UPOV). Instead, it presents a TRIPS-compliant model sui generis option that provides for access and benefit-sharing principles from the Convention on Biological Diversity (CBD), farmers’ rights from the International Undertaking on Plant Genetic Resources for Food and Agriculture (IUPGRFA), and plant breeders’ rights from UPOV 1978 and UPOV 1991. Despite the commendable efforts at creatively designing the Model Law and its historical significance as an African-rooted response to the international debates on the overlapping and conflicting international treaties for plant varieties, the Model Law failed to gain traction in Africa. No African country has adopted it. On the contrary, there is increasing pressure through a coalition of Global North countries, international organizations, and multinational firms for African countries to adopt UPOV-1991-styled plant breeders’ rights systems.

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.

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