Intellectual Property, Biogenetic Resources and Traditional Knowledge

by Dutfield, Graham

• ISBN13: 9781844070497
• ISBN10: 1844070492
• Format: Paperback
• Copyright: 2004-09-01
• Publisher: Routledge

Summary

A comprehensive volume on the relationships between intellectual property, biogenetic resources as they exist in nature and in the form of commercial products and knowledge relating to practical applications of these resources, including traditional knowledge. The book delves into how these three topics relate to conservation and sustainable use of biodiversity, benefit sharing from commercial use of biodiversity, biotechnological innovation and technology transfer, agriculture, food security and nutrition, rural development, and health and international equity. Part I clarifies the economic importance of industries that use biogenetic resources and traditional knowledge, the extent to which they are dependent upon them, and the way that modern intellectual property rights (IPR) law has evolved to meet their needs. It also describes the relevant international law. Part II shows how stronger IPR protection in the area of life science innovation and biogenetic resources has given rise to controversies. Part III focuses on traditional knowledge protection. Part IV covers international negotiations and policy-making, and legislative initiatives of national governments. Part V focuses on two developing countries, India and Kenya, assessing how far such countries, taking into account the international rules as they currently exist, may harness their natural endowments to develop their economies, and whether success will encourage the conservation and sustainable use of the resource base. The book adopts a multidisciplinary approach, and will appeal to those new to the subject and to those with some grounding in the subject including students, academics, legal practitioners, government policy-makers and the private sector.

Author Biography

Graham Dutfield is senior research fellow at Queen Mary, University of London.

Table of Contents

List of Tables and Boxes	vii
Preface	viii
List of Acronyms and Abbreviations	xi
PART 1 KNOWLEDGE, PROPERTY AND TRADE
1 Sovereignty, Common Heritage and Property Rights	3	(11)
Permanent sovereignty	5	(5)
Common heritage	10	(1)
Intellectual property rights	11	(3)
2 Biotechnology and the Expanding Boundaries of Intellectual Property Protection	14	(11)
Biotechnology and the life science industries	14	(4)
The commercial importance of biogenetic resources and traditional knowledge	18	(2)
Intellectual property in the life sciences	20	(5)
3 The International Law of Biogenetic Resources and Intellectual Property	25	(20)
The TRIPS Agreement	25	(8)
The UPOV Convention	33	(4)
The Convention on Biological Diversity	37	(2)
The International Treaty on Plant Genetic Resources for Food and Agriculture	39	(6)
PART 2 CONFLICTS AND CONTROVERSIES
4 National Sovereignty, Benefit Sharing and the Patenting of Life	45	(7)
Fair and equitable	45	(3)
Patenting natural products	48	(1)
Patent quality problems	49	(3)
5 Biopiracy	52	(8)
The hoodia case	52	(1)
The neem patents	53	(1)
The quinoa case	53	(1)
The enola bean case	54	(1)
'Biopiracy' through plant variety protection	55	(1)
Rights and wrongs	56	(4)
6 Environmental Impacts	60	(6)
Intellectual property rights and monocultures	60	(1)
Plant variety protection and genetic uniformity	61	(1)
Intellectual property rights and crop-agrochemical linkages	62	(4)
7 Agriculture, Food Security and Nutrition	66	(8)
Plant variety protection and research priorities	66	(1)
Plant variety protection and the interests of poor farmers	67	(1)
Intellectual property rights and the availability of genetic resources for breeding	68	(1)
Empirical evidence	69	(1)
Alternatives to UPOV	70	(4)
8 Beyond Intellectual Property: Technology Protection Systems	74	(6)
High stakes	76	(1)
Pros and cons	77	(1)
Terminator and the patent system	78	(2)
9 Life Science Innovation, Biotechnology Transfer and Developing Countries	80
The importance of life science innovation in trade and development	80	(2)
Technology transfer	82	(9)
PART 3 PROTECTING TRADITIONAL KNOWLEDGE
10 Traditional Knowledge and the Intellectual Property System	91	(19)
The nature of traditional knowledge	91	(6)
Why protect traditional knowledge?	97	(3)
Can intellectual property rights protect traditional knowledge?	100	(10)
11 Alternative Approaches to Traditional Knowledge Protection	110	(17)
Defensive protection	110	(7)
Positive protection	117	(5)
Strategic considerations	122	(5)
PART 4 FORUMS, PROCESSES AND INITIATIVES
12 International Forums and Processes	127	(11)
The World Trade Organization	127	(4)
The World Intellectual Property Organization	131	(5)
The Conference of the Parties to the Convention on Biological Diversity	136	(2)
13 Government and Regional Initiatives	138	(27)
Philippines Executive Order 247 and its Implementing Rules and Regulations	138	(5)
Andean Community Common Regime on Access to Genetic Resources	143	(5)
The Costa Rica Biodiversity Law	148	(5)
The African Model Legislation for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources	153	(6)
Analysis	159	(6)
PART 5 NATIONAL CASE STUDIES
14 India	165	(39)
Introduction	165	(1)
Biodiversity: conservation, trade and development	166	(8)
India's bio-scientific and technological capacities: an assessment	174	(12)
Implementing TRIPS: current progress	186	(4)
TRIPS and the national bio-industries: threat or opportunity?	190	(11)
Conclusions	201	(3)
15 Kenya	204	(15)
Introduction	204	(1)
Biodiversity: conservation, trade and development	204	(4)
Kenya's scientific and technological capacities: an assessment	208	(4)
Implementing TRIPS: current progress	212	(2)
TRIPS, UPOV and the national bio-industries: threat or opportunity?	214	(3)
Conclusions	217	(2)
16 Lessons from the Case Studies	219	(3)
Introduction	219	(1)
Plant variety protection	219	(1)
Patents and agro-biotechnology	220	(1)
Patents and the health sector	220	(1)
Intellectual property rights and traditional knowledge	220	(1)
Intellectual property rights, value addition and conservation	221	(1)
Notes	222	(13)
References	235	(17)
Index	252