Access to Biological Resources: Domestic and International Developments and Issues
AbstractThe author follows the controversy which began on 14 February 1998 when two Australian agricultural agencies were alleged to have committed biopiracy. The agencies had apparently applied for Plant Breeder's Rights under the Australian Plant Breeder's Rights Act 1994 in relation to two species of chick pea. Their applications were withdrawn prior to the Australian Plant Breeder's Rights Office making a determination, as many questioned what right these agencies had to apply for intellectual property rights on seeds which were sown by overseas farmers. The article discusses the resulting examination of the legal status of the material held in the gene banks of international agricultural research institutes. Furthermore, it considers the current management practices applied in relation to the intellectual property rights generated from that material. The author concludes that new impetus for the establishment of a common CGIAR intellectual property policy has been brought about by the Australian biopiracy controversy. |