Providing Protection for Plant Genetic Resources : Patents, sui generis Systems and Biopartnerships - Patricia Lucia Cantuaria Marin

Providing Protection for Plant Genetic Resources

Patents, sui generis Systems and Biopartnerships

By: Patricia Lucia Cantuaria Marin

Hardcover | 28 March 2002

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The purpose of this book is to show that the access to plant genetic resources and the compliance to the objectives of the Convention on Biological Diversity can only be realised in this biotechnological era the world is facing, through the balance of rights and duties of States and stakeholders.

Specifically, this book suggests that the global partnership as professed in the United Nations Conference on Environment and Development, in 1992, has so far not been reached. It examines the possibility of achieving the global partnership though clear, fair, ethical, and equitable biopartnerships in, between, and among States.

For this purpose, the author analyses international instruments and national laws dealing with patents, plant breeders' rights, farmers' rights, and sui generis protection and shows how they affect developing countries rich in biodiversity and traditional knowledge, such as Brazil. She raises awareness to problems derived from the patenting of genetic resources, plants, and traditional knowledge and presents sui generis alternatives proposed by different sectors of society in several countries.

The book critically examines five biopartnerships of countries in four different continents. The author proposes measures to protect traditional knowledge and innovations and suggests in which indigenous peoples, traditional farmers, and developing countries may achieve an equitable share of benefits for their contribution in the development of new medicines, foods, etc.

Industry Reviews
'This book deserves a strong endorsement for its comfortable writing style, ample support for the various propositions, and its innovative analysis of a system in need of something more than incremental fixing (given the wide range of concerns expressed here and elsewhere about the evolving WTO TRIPs patent protection regime).'

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