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Sovereign and property rights over plant genetic resources

Sovereign and property rights over plant genetic resources The existence of sovereign rights over genetic resources is today well recognized in international law. However, the legal status of such resources in terms of property rights is still unclear. The consideration of this issue requires a clear distinction between physical and intangible property. Legislation in developed countries has extended patent protection to genetic resources, in addition to the protection of plant varieties via breeders' rights. The extension of protection and the implementation of the TRIPs Agreement may have important implications for breeding programs and trade in seeds. While intellectual property protection of genetic resources is rapidly advancing, considerable work is still to be done to ensure the compensation for the informal innovations made by local and indigenous communities. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Agriculture and Human Values Springer Journals

Sovereign and property rights over plant genetic resources

Agriculture and Human Values , Volume 12 (4) – Sep 27, 2005

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References (13)

Publisher
Springer Journals
Copyright
Copyright
Subject
Philosophy; Ethics; Agricultural Economics; Veterinary Medicine/Veterinary Science; History, general; Evolutionary Biology
ISSN
0889-048X
eISSN
1572-8366
DOI
10.1007/BF02218567
Publisher site
See Article on Publisher Site

Abstract

The existence of sovereign rights over genetic resources is today well recognized in international law. However, the legal status of such resources in terms of property rights is still unclear. The consideration of this issue requires a clear distinction between physical and intangible property. Legislation in developed countries has extended patent protection to genetic resources, in addition to the protection of plant varieties via breeders' rights. The extension of protection and the implementation of the TRIPs Agreement may have important implications for breeding programs and trade in seeds. While intellectual property protection of genetic resources is rapidly advancing, considerable work is still to be done to ensure the compensation for the informal innovations made by local and indigenous communities.

Journal

Agriculture and Human ValuesSpringer Journals

Published: Sep 27, 2005

There are no references for this article.