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Beidiman, Dana --- "Commercialization of genetic resources: leveraging ex situ genetic resources to shape downstream IP protection" [2012] ELECD 1341; in Rosén, Jan (ed), "Intellectual Property at the Crossroads of Trade" (Edward Elgar Publishing, 2012) 111

Book Title: Intellectual Property at the Crossroads of Trade

Editor(s): Rosén, Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781951682

Section: Chapter 6

Section Title: Commercialization of genetic resources: leveraging ex situ genetic resources to shape downstream IP protection

Author(s): Beidiman, Dana

Number of pages: 31

Abstract/Description:

Plant and microbial genetic resources exist in natural habitats and culture collections worldwide. Their scientific and economic value is rapidly gaining in importance, even though the laws governing them do not support ease of use. Genetic resources are subject to the overlapping jurisdiction of the Convention on Biological Diversity (CBD) and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). Neither of these regimes operates in a particularly access-friendly manner with respect to biological resources with imminent commercial potential. The CBD entitles countries to share benefits arising out of the use of resources originating in their territories. The scope, nature and duration of CBD obligations, and consequently of potential claims, are, however, often vague. Patent laws enacted under TRIPS, in a context of a strong growth market, fragmented patents and expensive product development, tend to function sub-optimally and allow formation of blocking patents and patent thickets. In combination, these regimes encourage a race to extract value by the beneficiaries of the entitlements created, which tends to diminish the ability to exploit high-value biological resources.