Robinson, Daniel --- "Sui Generis Systems for Plant Variety Protection and Traditional Knowledge in Asia" [2009] ELECD 588; in Meléndez-Ortiz, Ricardo; Roffe, Pedro (eds), "Intellectual Property and Sustainable Development" (Edward Elgar Publishing, 2009)

Book Title: Intellectual Property and Sustainable Development

Editor(s): Meléndez-Ortiz, Ricardo; Roffe, Pedro

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446458

Section: Chapter 10

Section Title: Sui Generis Systems for Plant Variety Protection and Traditional Knowledge in Asia

Author(s): Robinson, Daniel

Number of pages: 36

Extract:

10. Sui generis systems for plant variety
protection and traditional knowledge in
Asia
Daniel Robinson

INTRODUCTION AND BACKGROUND

Intellectual property (IP) protection of plant varieties and biotechnological innovations
raises a set of issues that are critical to the sustainable development and economic growth
of developing countries. Intellectual property also raises concerns for traditional local
groups and farmers' networks within these countries, relating to their local economies,
control over agricultural inputs and debt, farmers' rights, promotion and protection of
9. Genetic
their knowledge and innovations. There is evidence that IP rights have played a significant
use
role in the consolidation of global seed and agricultural industries1 and this has implica-
tions for, inter alia, public policy agendas, the potential economic and environmental
restriction
impact of genetically modified (GMO) plants, the protection of traditional knowledge
(TK), food security, seed prices, research and development (R&D), and technology
technologies
transfer. Many policy-makers have also noted that patents and the International Union
for the Protection of New Varieties of Plants (UPOV) Model Plant Variety Protection
and
(PVP) are more suitable for advanced breeding and biotechnological innovations, rather
than the traditional, incremental, small-scale and non-commercial breeding common in
developing countries. sustainable
developmen
World Trade Organization (WTO) Members have several options for the protection
of plant varieties, derived from Article 27.3(b) of the TRIPS Agreement. These include
t in eastern
allowing patent protection or specific forms of PVP. Plant variety protection laws may
include those based on the UPOV model or ...