Chapter 6 - The Convention of Biological Diversity, Nagoya Protocol and TRIPS: pathways to harmonize rules on plant genetic resources

Abstract

Intellectual property rights are indisputably vital to the issue of innovation and access of plant genetic resources for food in particular and the economics of agriculture in general. However, the shaping of these rights and the manner of their implementation in the realm of agricultural biotechnology without any forethought or balancing of public interests have raised a host of issues that impinge on human rights, ethics, morality, and last but not least sustainable development. The developing nations perceive the payment of monopoly rents for the use of intellectual property detrimental for their developmental process. Not only has commodification of biodiversity and genetic resources occurred, the knowledge that underpins these technological developments are increasingly moving from the public to private realms restricting the access of many people to the fruits of biotechnology. To exacerbate matters, these activities have resulted in the erosion and loss of traditional knowledge about biodiversity. This chapter analyzes the arising issues and problems and explores pathways to harmonize rules on plant genetic resources by reviewing the provisions of the Convention of Biological Diversity, the Nagoya Protocol and TRIPS Agreement.