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  • Patents and the CGIAR System of International Agricultural Research Centres' Germplasm Collections Under the International Treaty on Plant Genetic Resources for Food and Agriculture

    Author(s)
    Lawson, C
    Griffith University Author(s)
    Lawson, Charles
    Year published
    2004
    Metadata
    Show full item record
    Abstract
    A key controversy in negotiating the International Treaty on Plant Genetic Resources for Food and Agriculture, and the likely long-term effectiveness of the agreement, is the way in which the intellectual property provisions are interpreted and applied to the key genetic resources forming the Consultative Group on International Agricultural Research (CGIAR) system of International Agricultural Research Centres' (IARC) collections. This paper reviews the intellectual property provisions in the treaty and examines the likely consequences from patenting under the Patents Act 1990 over materials derived from these collections. ...
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    A key controversy in negotiating the International Treaty on Plant Genetic Resources for Food and Agriculture, and the likely long-term effectiveness of the agreement, is the way in which the intellectual property provisions are interpreted and applied to the key genetic resources forming the Consultative Group on International Agricultural Research (CGIAR) system of International Agricultural Research Centres' (IARC) collections. This paper reviews the intellectual property provisions in the treaty and examines the likely consequences from patenting under the Patents Act 1990 over materials derived from these collections. The consequence is argued to be significant and, over time, these practices are likely to deplete the usefulness of these collections and undermine the relevance of the treaty. The paper concludes that Australia's interests might best be served by arguing that access to these collections, and the other materials under the treaty, be subject to a non-exclusive, royalty free licence for any use of the derived materials to develop useful new plant varieties.
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    Journal Title
    Australian Journal of Agricultural Research
    Volume
    55
    Issue
    3
    Publisher URI
    http://www.publish.csiro.au/nid/40.htm
    DOI
    https://doi.org/10.1071/AR03161
    Copyright Statement
    © 2004 CSIRO : This is the author-manuscript version of this paper. Please refer to the journal link for access to the definitive, published version.
    Subject
    Environmental Sciences
    Agricultural and Veterinary Sciences
    Publication URI
    http://hdl.handle.net/10072/5486
    Collection
    • Journal articles

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