genetic resources, intellectual property rights and environmental justice
DESCRIPTION
Presentation on genetic resources, intellectual property rights and environmental justice given at the Masterclass for Sustainable Development, on November 24, 2013.TRANSCRIPT
Masterclass for Sustainable DevelopmentNov. 24, 2013
Brendan Coolsaet Biodiversity Governance UnitCentre for Philosophy of Law Université catholique de Louvain
Genetic resources,Intellectual Property Rightsand Environmental Justice
Using genetic resources
Sources: plind/Flickr Creative Commons; Sam Fentress/Creative Commons; biologycorner.com; Marco Schmidt/Creative Commons
Pharmaceuticals Taxonomy
Conservation
Plant Breeding
Industrial biotech. Traditional use
Access and Benefit-sharing (ABS)?
Source: CBD ABS Information Kit, 2011
Global distribution of biodiversity
Source: Barthlott, W., Kier, G. & Mutke, J. 1999. Biodiversity – The uneven distribution of a treasure. NNA Reports 12/1999: 18-28
+ 80% of the world's biotechnology-related patents are owned by US, EU and Japan (Patent Cooperation Treaty, 2006)
Convention on Biological Diversity &Nagoya Protocol
1992: The objectives of this Convention [...] are the conservation of biological diversity, the sustainable use of its components and the fair and
equitable sharing of the benefits arising out of the utilization of genetic resources [...]
2010: The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by
appropriate access to genetic resources [...]
Not included: &
Fair and equitable?
Multidimensional justice concerns
cognitive justice reparative justice
procedural justiceSources: Creative Commons; Centre for Science and Environment; Kroll/CNCD-11.11.11
historic entitlement distributive justice
IPRs and genetic resources
IPR Description In Belgium
Patent
- exclusive and temporary- novel invention that implies an inventive step - susceptible of industrial application
- inventions related to bio-material are patentable - research exemptions - Disclosure requirement (geographical origin)
Plant Variety Right
- new, distinct, stable and uniform plant varieties - distinguished from any other plant grouping by the expression of at least one genotypic characteristic
research and breeding exemptions for acts accomplished in a private, non-commercial, experimental capacity and for breeding new varieties
Geographical Indications
- agricultural product or foodstuff - protected due to its regional and local nature
Sources: Coolsaet et al. 2013, Study for the implementation in Belgium of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity. Final report, 243p.
IPRs and environmental justice issues
Restrictions on access by developing countries to markets in developed countries
Restrictions in the access to IP-protected goods developed with genetic resources
Biopiracy concept and bilateral concepts of benefit-sharing "presuppose intellectual property rights" !
Current IPRs serve the interests of users of GR/TK without helping ensure a fair and equitable BS with the providers.
Might be difficult to indentify "owners" of transboundary genetic resources and traditional knowledge
DISTRIBUTIVE JUSTICE
REPARATIVE JUSTICE
Indigenous and Local Communities miss technical and economic resources to challenge patents through courts
Indigenous and Local Communities inventions and traditional knowledge are ineligible for IP protection
Indigenous and Local Communities and their nation states face unequal participation oppurtunities in international negotiations
Sovereignty and responsability for sharing of benefits rest at state level, not local level
PROCEDURAL JUSTICE
IPRs and environmental justice issues
Traditional sharing and genetic resources commons might be inhibited
Nothern valuation vs. Southern conservation of genetic resources.
Conflicting sharing ethos between CBD and WTO/WIPO
Local communities might not see genetic resources/traditional knowledge as ownable commodities.
HISTORIC ENTITLEMENT
COGNITIVE JUSTICE
IPRs and environmental justice issues
Source: www.savagechickens.com
I want more...
Convention on Biological Diversity: ABS SeriesFactsheets on Genetic Resources, Access and Benefit-sharing, Traditional Knowledge and the Nagoya Protocol - http://www.cbd.int/abs/
Scoop.it channel Overview of world news and perspectives on the 2010 Nagoya Protocol on Access and Benefit-Sharing to the Convention on Biological Diversity - http://www.scoop.it/t/nagoya-protocol
Intellectual Property Watch Independent news and analysis on international IP policymaking (including biodiversity) - http://www.ip-watch.org
