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William A. Kerr, Grant E. Isaac
The International Treatment of Biological Material as Intellectual Property
The Agreement on Trade Related Aspects of Intellectual Property (TRIPS) of the World Trade Organization was negotiated prior to the commercialization of any plant-based biotechnology. While the negotiators of the TRIPS anticipated biotechnology a number of important international issues in the treatment of biological material as intellectual property have arisen in the wake of commercialization. This paper analyses the international treatment of biotechnology and other plant genetic resources in the light of this experience. In particular, the problem of monopoly rents, the differential treatment of scientific discovery versus traditional knowledge in international intellectual property law and differences in scientific capacity are examined. The paper ends with some suggestions for the reform of the international regime for the protection of intellectual property.
Journal of International Biotechnology Law, Walter de Gruyter
Print ISSN: 1612-6068
Volume: 2, 05/2005
Pages: 105 - 111