Providing Protection for Plant Genetic Resources —— Patents, Sui Generis Systems, and Biopartnerships

----- 工厂遗留资源的保护：专利、自我遗传制度和生物合作

ISBN: 9789041188755 出版年：2002 页码：224 Marin, Patricia Lucia Cantuaria Kluwer Law International

The purpose of this book is to show that the access to plant genetic resources and the compliance to the objectives of the Convention on Biological Diversity can only be realized, in this biotechnological era, through the balance of rights and duties of States and stakeholders. Specifically, this book suggests that the global partnership, as professed in the United Nations Conference on Environment and Development in 1992, has so far not been reached. It examines the possibility of achieving the global partnership though clear, fair, ethical and equitable biopartnerships in, between, and among States. For this purpose, the author analyzes international instruments and national laws dealing with patents, plant breeders' rights, farmers' rights and sui generis protection and shows how they affect developing countries rich in biodiversity and traditional knowledge, such as Brazil. She raises awareness of problems derived from the patenting of genetic resources, plants and traditional knowledge and presents sui generis alternatives proposed by different sectors of society in several countries. This book critically examines five biopartnerships of countries in four different continents. The author proposes measures to protect traditional knowledge and innovations and suggests which indigenous peoples, traditional farmers and developing countries may achieve an equitable share of benefits for their contribution in the development of new medicines and foods.