Articles and Commentaries

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biotechnology
biodiversity
intellectual property
biopiracy

BiotechnologyMove to the top of the page


Title
 		Description
1. Commission calls on nine Member States to implement the Directive on the legal protection of biotechnological inventions Some Member States have failed to implement Directive 98/44/EC on the legal protection of biotechnological inventions into national law.

http://europa.eu.int/rapid/start/cgi/
guesten.ksh?p_action.gettxt=gt
&doc=IP/02/1928|0|RAPID&lg=EN&display=
2. The ICC supports the European Union's Directive The ICC supports the European Union's efforts towards putting in place a system to allow the protection of biotechnological inventions through patents but warns that this Directive is not perfect.

http://www.iccwbo.org/home/statements_rules /
statements/1997/biotechnology.asp
3. Next Harvest:Advancing Biotechnology's Public Good This article discusses the improvements which developing countries have made to harness biotechnology to improve food and fiber crops for the benefit of their populations.

http://www.isnar.cgiar.org/ibs/NextHarvest.htm
4. Statement of the Canadian Biotechnology Advisory Committee on the Occasion of the National Summit on Innovation and Learning, November 18-19, 2002 A statement articulating the aims and plans in developing and applying biotechnology innovation as part of Canada's Innovation Strategy. (Look under "November 2002 - Biotechnology and Canadian Innovation: The Institutional Transformational Imperative.")

http://cbac-cccb.ca/epic/internet/incbac-cccb.nsf/
vwGeneratedInterE/ah00163e.html

BiodiversityMove to the top of the page


Title
 		Description
5. Harbour Branch Oceanographic Institution - Division of Biomedical Marine Research: Discoveries in Development as Drugs Information about some of this research organisation's discoveries in development of drugs for cancer related conditions and AIDS.

http://www.hboi.edu/dbmr/development.html
6. Of ayurveda and farmers' rights This article discusses some of India's problems in seeking to capitalise on its huge bio-wealth, with some focus on ayurveda.

http://www.blonnet.com/2002 /12/06/stories/
2002120600910900.htm
7. Network Science -Shaman Pharmaceuticals:Integrating Indigenous Knowledge,Tropical Medicinal Plants,Medicine, Modern Science and Reciprocity into a Novel Drug Discovery Approach An article about Shaman Pharmacuticals Inc.'s work in looking to tropical forest plant species as a source for drug discovery.

http://www.netsci.org/Science/Special/
feature11.html
8. The International Treaty for Plant Genetic Resources This briefing looks at the implications of the International Treaty for Plant Genetic Resources on Asian farmers.

http://www.grain.org/docs/it-asia-feb2002-en.doc
9. Who calls the shots at UPOV? A commentary on the papers by UPOV.

http://www.etcgroup.org/documents/
genoUPOVTERM.PDF
10. OAU Model Law A working paper on the Case of the "OAU Model Law on The Protection of The Rights of Local Communities, Farmers and Breeders and for the Regulation of Access to Biological Resources".

http://r0.unctad.org/trade_env/test1/meetings/
delhi/ Countriestext/Ekpere.doc
11. IGC makes headway IGC makes headway in clarifying IP aspects of traditional knowledge and cultural expressions, discussing genetic resources and benefit-sharing, traditional knowledge and innovation and traditional creativity and cultural expressions.

http://www.wipo.int/pressroom/en/releases/
2002/p335.htm
12. The Protection of Traditional Knowledge and Folklore: Summary of issues raised and points made This report addresses the following four issues: general issues relating to the protection of traditional knowledge, the grant of patents relating to traditional knowledge, consent and benefit sharing, and national legislation, practices and experiences with regards to this agenda.

http://docsonline.wto.org/DDFDocuments/
t/IP/C/W370.doc
13. Shaman Pharmaceuticals: Integrating Indigenous Knowledge, Tropical Medicinal Plants, Medicine, Modern Science and Reciprocity into A Novel Drug Discovery Approach Shaman Pharmaceuticals describes its unique approach to the dual objectives of drug discovery and a commitment to the reciprocity to the indigenous cultures by working directly with the indigenous and local people of the rainforests to conserve the 'bio-cultural diversity.'

http://www.netsci.org/Science/Special/
feature11.html
14. Decision III/17: Intellectual Property Rights This document sets out the decision from the third meeting of the Conference of the Parties to the Convention on Biological Diversity, on how to implement intellectual property rights-related provisions of the Convention on Biological Diversity, and international agreements relating to intellectual property rights, in a mutually supportive way.

http://www.biodiv.org/decisions/default.asp?
m=cop-03&d=17&print=1
15. The Impact of Intellectual Property Rights Systems on the Conservation and Sustainable Use of Biological Diversity and on the Equitable Sharing of Benefits from its use This paper provides a preliminary review of the impact of intellctual property rights systems on the conservation and sustainable use of biological diversity and on the equitable sharing of benefits from its use. Based on this review, the paper also describes some options for future work under the Convention on Biological Diversity.

http://www.biodiv.org/doc/meetings/cop/
cop-03/official/cop-03-22-en.doc
16. The Convention on Biological Diversity and the Agreement on Trade-Related Intellectual Property Rights (TRIPS): Relationships and Synergies The relationship between the TRIPS Agreement and the CBD is multi-faceted.  This paper seeks to identify the specific topics within these issues that warrant further work. In addition, the relationship between the TRIPS Agreement and the need for sustainable development and protection of the environment is also examined.

http://www.biodiv.org/doc/meetings/cop/
cop-03/official/cop-03-23-en.doc
17. The Relationship Between the TRIPS Agreement and the Convention on Biodiversity: Summary of Issues raised and points made This paper addresses the following four areas: general views on the relationship between the TRIPS Agreement and the CBD, the patentability of genetic resources, the relationship between the TRIPS Agreement and the objectives of prior informed consent and benefit sharing and finally, information on national legislation, practices and experiences with respect to this agenda.

http://docsonline.wto.org/DDFDocuments/
t/IP/C/W368.DOC
18. Conflicts between the WTO regime of intellectual property rights (TRIPS) and sustainable biodiversity management (CBD) This paper discusses the conflicts between the WTO regime of intellectual property rights (TRIPS) and sustainable biodiversity management (CBD).

http://www.grain.org/publications/issue1-en-p.htm
19. Intellectual Property Rights and Biodiversity: The Economic Myths This article examines the economic costs and benefits of TRIPs, especially for developing countries and their wealth of biodiversity.

http://www.grain.org/publications/issue3-en-p.htm
20. Bioprospecting has failed - what next? This article gives a brief description of how effective bioprospecting is.  Although it may appear to be a failure, in reality, bioprospecting is still useful in other areas like marine resources and genes.

http://www.grain.org/seedling/seed-02-10-7-en.cfm
21. The Biodiversity Convention:10 Years On This article discusses how the Convention, ten years later, has become a vehicle for marketing ecosystems, species and genes.

http://www.grain.org/seedling/seed-02-10-4-en.cfm
22. The Convention on Biological Diversity: changing ethical and legal frameworks for biodiversity research and prospecting A reflection of the CBD policy process and the changing ethical and legal frameworks for biodiversity research and prospecting.

http://www.fao.org/docrep/003/y1237e/
y1237e05.htm
23. Bioprospecting in New Zealand: Discussing the Options The paper covers the opportunities available for bioprospecting, problems with the current regulatory framework and the advantages of having a bioprospecting policy.

http://www.med.govt.nz/ers/nat-res/
bioprospecting/index.html
24. The political ecology of intellectual property rights over life forms processes This paper reviews article 27(3)(b) of the TRIPs Agreement, which deals with the extension of intellectual property rights over life forms and processes, in the context of biodiversity.

http://www.acts.or.ke/gari.doc
25. TRIPs versus biodiversity: Options for the 1999 review of Article 27.3(b) in the context of CBD (GRAIN) In this article, GRAIN explores some ideas as to the operation and scope of TRIPs Article 27(3)(b) during its 1999 Review by WTO members.

http://www.acts.or.ke/grain.doc
26. "Pandora's box": TRIPs article 27(3)(b) and the CBD (Lettington and Manek) This paper discusses the environmental issues linked to TRIPS Article 27(3)(b), identifies inherent problems and suggests solutions and policies to solve them.

http://www.eldis.org/static/DOC8920.htm
27. Biodiversity and Biotechnology and the Protection of Traditional Knowledge A brief description is given of the concluded conference on "Biodiversity, Biotechnology, & the Protection of Traditional Knowledge", presented by the Center for Interdisciplinary Studies and the Harris Institute for Global Legal Studies.

http://law.wustl.edu/centeris/pastevents/
biodivsp02.html
28. Scoping meeting on access and benefit sharing held in Kuala Lumpur The objective of this scoping meeting, 'Capacity Building Approaches for Access to Genetic Resources and Benefit-Sharing' was to exchange ideas and develop proposals to address the capacity building needs of many countries.

http://www.ias.unu.edu/news/details.cfm/
articleID/351
29. Brazil's interpretation of the Convention Brazil renders her interpretation of the Convention on Biological Diversity and discusses the equitable sharing of benefits from the utilization of natural genetic resources.

http://www.ejcl.org/63/art63-2.html

Intellectual PropertyMove to the top of the page


Title
 		Description
30. World Patent System WIPO has initiated the building of a "world patent" system to end the use of patent policy as a tool for national development strategies.

http://www.grain.org/docs/wipo-patent-2002-en.doc
31. The WIPO Patent Agenda: The Risks for Developing Countries The main aim of the paper is to provide an overview of the processes under the WIPO Patent Agenda, to identify and examine the main issues that are under discussion and to emphasize the importance of these issues for developing and least-developed countries.

http://www.southcentre.org/publications/
wipopatent/wipopatent-03.htm#P134_3962
32. Canadian Biotechnology Advisory Committee, "Higher Life Forms and the Patent Act", Advisory Memorandum, 24 February 2003 A brief summary of the Harvard onco-mouse case, and a recommendation that the Patent Act be amended to allow higher life forms to be patented.

http://cbac-cccb.ca/epic/internet/incbac-cccb.nsf/
vwGeneratedInterE/ah00217e.html
33. The Strengthening of IPRS in Developing Countries and Complimentary Legislation A paper considering the reform of IPR laws in developing countries, and highlights areas in which there is a need to enact and enforce complementary legislation.

http://www.dfid.gov.uk/AboutDFID/files/itd/
iprcl.pdf
34. The Relationship Between The TRIPs Agreement and The Convention on Biological Diversity This note summarizes the issues raised by delegations in the Council for TRIPs, namely on general views on the relationship between TRIPs and CBD, patentability of genetic resources and the CBD, and the third concerns the TRIPS Agreement and prior informed consent/benefit sharing.

http://docsonline.wto.org/
(Please search for document number 02-4363)
35. Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Documents prepared by the Intergovernmental Committee (IGC) on intellectual property issues and activities of the IGC can be found here.

http://www.wipo.int/documents/en/meetings/
2003/igc/index_5.htm
36. Commission on IP Rights: Integrating Intellectual Property Rights and Development Policy Chaired by Professor John Barton, this report of the UK IPR Commission contains a comprehensive analysis of how national IPR regimes could best be designed to benefit developing countries within the context of international agreements.

http://www.iprcommission.org/graphic/
documents/final_report.htm
37. The UK Government response to the report of the Commission on Intellectual Property Rights: Integrating intellectual property rights and development policy Detailed response of the UK Government to each of the Commission's recommendations.

http://www.iprcommission.org/papers/text/
govt_response/govt_response.htm
38. Response to the Open Letter, by Pascal Lamy European Commissioner for Trade, Pascal Lamy, has replied to GRAIN's Open Letter regarding the EU position on the review of TRIPS Article 27.3 (b).

http://www.grain.org/publications/lamy-response-en.cfm

BiopiracyMove to the top of the page


Title
 		Description
39. NGOs condemn Biopiracy by Swiss University An article about NGOs in Zimbabwe and Switzerland criticising alleged illegal bioprospecting in Zimbabwe.

http://www.evb.ch/index.cfm?page_id=454
40. Government and University of Zimbabwe determined to stop biopiracy by Swiss University An article on the efforts by the government and University of Zimbabwe to stop bio-piracy by the Lausanne University.

http://www.evb.ch/index.cfm?page_id=453
41. Basmati rice patent struck down by US patent office An article reporting that the USPTO has thrown out 13 claims from US-based RiceTec's controversial patent on basmati rice.

http://www.evb.ch/index.cfm?page_id=429
42. Legal opinion on Swiss law Legal opinion on how Swiss law can be revised to reduce bio-piracy and move towards full compliance with the CBD.

http://www.blauen-institut.ch/Tx/tT/ttDolZufa.html#zufae
43. Biopiracy by another name? The world's most important genebank collections are placed under the auspices of the UN Food and Agriculture Organisation (FAO), under a trusteeship system. This article critically examines and evaluates this trusteeship system.

http://www.grain.org/seedling/seed-02-10-2-en-p.cfm
44. Access to Biological Resources: Domestic and International Development and Issues An article on an Australian biopiracy controversy involving chick peas and it discusses the legal status of the material held in gene banks of international agricultural research institutes.

http://www.murdoch.edu.au/elaw/indices/title/
blakeney53_abstract.html