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The Application of Intellectual Property Rights to Biodiversity Resources: A Technique for the South Countries to Maintain Control over the Biodiversity Resources in their Territories?

The Application of Intellectual Property Rights to Biodiversity Resources: A Technique for the... ∗ I. INTRODUCTION With the increased industrial application of biological resources, there has been a steep rise in the economic and commercial utility of such resources. This has resulted in the emergence of a new era of discovery and patent filings, in the form of biological processes and plant varieties. Due to the huge financial benefits that modification and commercialisation of these resources can confer, biodiversity has now become a subject of intense arguments and trade negotiations.1 In this regard, it is notable that thousands of patents have been filed on African plants. For example, a recent report entitled ‘Out of Africa: Mysteries of Access and Benefit Sharing’ details 36 brief case studies of medicines, cosmetics and agricultural products originating from biodiversity resources in African countries and patented by multinational companies, without there being evidence of benefits accruing to the countries of origin.2 Developing countries are being continuously forced to litigation over patents on their indigenous plants. Thailand has long been appealing for GI protection on its jasmine rice.3 The governments of India and Pakistan put aside their differences to register joint GI protection on Basmati rice.4 More recently, Ethiopia won a hard-fought battle with the Coffee giant, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Application of Intellectual Property Rights to Biodiversity Resources: A Technique for the South Countries to Maintain Control over the Biodiversity Resources in their Territories?

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2009
Subject
African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/E0954889009000334
Publisher site
See Article on Publisher Site

Abstract

∗ I. INTRODUCTION With the increased industrial application of biological resources, there has been a steep rise in the economic and commercial utility of such resources. This has resulted in the emergence of a new era of discovery and patent filings, in the form of biological processes and plant varieties. Due to the huge financial benefits that modification and commercialisation of these resources can confer, biodiversity has now become a subject of intense arguments and trade negotiations.1 In this regard, it is notable that thousands of patents have been filed on African plants. For example, a recent report entitled ‘Out of Africa: Mysteries of Access and Benefit Sharing’ details 36 brief case studies of medicines, cosmetics and agricultural products originating from biodiversity resources in African countries and patented by multinational companies, without there being evidence of benefits accruing to the countries of origin.2 Developing countries are being continuously forced to litigation over patents on their indigenous plants. Thailand has long been appealing for GI protection on its jasmine rice.3 The governments of India and Pakistan put aside their differences to register joint GI protection on Basmati rice.4 More recently, Ethiopia won a hard-fought battle with the Coffee giant,

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Mar 1, 2009

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