Koopman, Jerzy --- "Protection of Cultural and Biological Diversity by Patent Law: Issues to be Resolved" [2010] ELECD 655; in Flanagan, Anne; Montagnani, Lillà Maria (eds), "Intellectual Property Law" (Edward Elgar Publishing, 2010)

Book Title: Intellectual Property Law

Editor(s): Flanagan, Anne; Montagnani, Lillà Maria

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446274

Section: Chapter 4

Section Title: Protection of Cultural and Biological Diversity by Patent Law: Issues to be Resolved

Author(s): Koopman, Jerzy

Number of pages: 27

Extract:

4. Protection of cultural and biological
diversity by patent law: issues to be
resolved
Jerzy Koopman

1. INTRODUCTION

This chapter addresses proposals to amend patent law in view of the need
for protection of cultural and biological diversity and the related interests
of traditional knowledge holders and biological diversity-rich countries.1
Primarily based on the Convention on Biological Diversity (1993) several
initiatives are taken to provide new forms of protection for the resources of
biotechnological R&D that come forth from such diversity.2 Proprietary
forms of protection are often deemed important. Therefore, many ini-


1 The meaning and relevancy of said diversity, traditional knowledge and

biotechnological research and development (R&D hereafter) is further explained
in sections 2 and 3 of this chapter. For the purpose of this introduction, these
terms may, however, be understood as follows. Biotechnology entails the modi-
fication and application of genetic and other biochemical compounds for, among
others, medical and agricultural purposes. It combines several methods from a
variety of disciplines, such as chemistry, micro-biology, and informatics. The
products developed through R&D necessarily have a biological and biochemical
character. See Biotechnology Industry Organization, Guide to Biotechnology 2008
(BIO, Washington 2008) 18­31. Traditional knowledge and cultural diversity
may be understood by considering that `. . .in all regions of the world are found
local communities. . . Associated with many of these communities is a. . .body of
knowledge. . . These. . .sets of understandings. . .are part. . .of a cultural complex
that encompasses language. . .and classification systems. . .ritual, ...