Knowledge for Development

Intellectual property

This dossier contains over 225 annotated links to information on intellectual property (IP) in ACP agriculture. It is intended for ACP policy makers and researchers who are confronted with the complexities of the various international treaties and agreements governing IP in agriculture. These include the WTO Trade Related Intellectual Property Rights (TRIPS), the International Convention for the Protection of New Varieties of Plants (UPOV, 1991), and the International Treaty on Plant Genetic Resources for Food and Agriculture, which entered into force on 29 June 2004.

Rothschild, M., CABI, 2002 This book contains 16 chapters. Topics covered are: patents, trade secrets and other forms of intellectual property rights; advent of animal patents: innovation and controversy in the engineering and ownership of life; economics of patents; access to data and intellectual property; global intellectual property: international developments in animal patents; public university, intellectual property and agricultural R and D; lessons from the patenting of plants; patenting and sequencing the genome; open source and other software intellectual property models; animals, ethics and patents; development of a genetic marker for litter size in the pig: a case study; development and commercialization of a genetic marker for marbling of beef in cattle: a case study; research and patent perspective of nuclear transfer cloning: case studies; dairy cattle test day models: a case study; development and commercialization of software for genetic improvement programmes: a case study; final thoughts. 22/03/2011
Read more...
Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore - Third Intersessional Working Group, World Intellectual Property Organization (WIPO). Draft agenda suggested discussion topics are, among others: “Disclosure of Origin or Source of Genetic Resources and Associated Traditional Knowledge in Patent Applications” “Proposal of the African Group on Genetic Resources and Future Work” “Genetic Resources: Draft Intellectual Property Guidelines for Access and Equitable Benefit-Sharing: Updated Version” Geneva, Switzerland, 28 February to 4 March 2011, More information can be found on this WIPO webpage. 18/02/2011
Read more...
PIIPA was the first and is the global leader in providing pro bono IP services to developing countries. Despite the growing debate about the complex global role of intellectual property over the past decade, and the diversity of policy initiatives and academic studies spawned by (and contributing to) this debate, little has been done to meet the practical demands of developing countries and public interest organizations for access to intellectual property expertise on a case-by-case basis.PIIPA was established as an independent international service and referral organization that can help fill the need for assistance by making the know-how of intellectual property professionals available to developing countries. PIIPA’s services are practical, not policy-oriented.PIIPA’s goal is to provide balance and information that may help harness the power of informed debate to solve problems, and combat the fear and ignorance that make solutions impossible and lead to protracted disputes. PIIPA’s beneficiaries are finding new ways to solve problems in such contentious and difficult fields as traditional knowledge, biodiversity, health, and agriculture. 23/02/2011
Read more...
By World Intellectual Property Organization, 2009. Indigenous and local communities cherish traditional knowledge (TK) as a part of their cultural identities. The work of the WIPO Intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore (“IGC”) ranges from the international dimension of TK and cooperation with other international agencies, to capacity building and the pooling of practical experience in this complex area. This publication gives an overview of this work, discusses some key concepts and describes various national approaches to protecting TK against misuse or misappropriation. 11/05/2009
Read more...
The African Centre for Biosafety (ACB) has focused several recent reports on new international commercial interest and patent claims on the African native crop sorghum. This includes the issues raised by the proposed widespread use of sorghum for the production of biofuels. This report extends ACB’s examination of new international commercial interest in African native crops, by including a focus on pearl millet (Pennisetum glaucum) and related African native grass species in the Pennisetum genus.Pearl millet, the most important African Pennisetum economically and for food security, shows promise to foreign researchers for a variety of applications. The paper explains that a foreign government project in South Africa working on pearl millet is seeking to stimulate development of the seed industry in Africa by replacing traditional varieties with commercial hybrids, and by creating pearl millets for specific uses including poultry feed and for biofuels.According to the paper, the ongoing unchecked provision of African farmers’ varieties of pearl millet to the US INTSORMIL (International Sorghum and Millet Collaborative Research Support) Program, without the use of appropriate material transfer agreements, seems alarming and there are fears that over time these practices are likely to result in biopiracy. It appears the seed transfer arrangements do not enjoy the protections and benefit sharing of the multilateral system under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). 18/03/2011
Read more...
The Nagoya Protocol was adopted on 29 October 2010 and builds on the Convention on Biological Diversity. It will provide greater legal certainty and transparency for providers and users of genetic resources and associated traditional knowledge by facilitating both access to the resources and support for fair and equitable sharing of benefits with the provider country and indigenous and local communities. The Nagoya Protocol enters into force 90 days after the deposit of the fiftieth instrument of ratification, acceptance, approval, or accession which must be submitted no later than 10 July 2012. Specific obligations to support compliance with contractual obligations reflected in mutually agreed terms are a significant innovation of the Nagoya Protocol. The compliance provisions as well as the provisions enabling more predictable conditions for access to genetic resources leave a Party providing genetic resources. The expected result is that the Protocol will create incentives to conserve biodiversity, sustainably use its components, and further enhance the contribution of biodiversity to sustainable development. The Conference of the Parties and the United Nations Assembly have called upon the Convention’s 193 Parties to sign the Protocol. 21/02/2011
Read more...
Maca root is an herbaceous, perennial, cultivated crop that is native to the Andes in Peru. Maca plants have medicinal values that include increasing libido, stamina, fertility, and alleviating insomnia. For centuries, the people in the Andes have been using the maca root for its medicinal properties and now maca is exported around the world. The Peruvian people’s use of maca for medicinal purposes is an example of traditional knowledge (TK).The National Institute for the Defense of Competition and Intellectual Property (INDECOPI) is a Peruvian government agency charged with the responsibility for market promotion and protection of consumer rights, as well as ensuring honest competition while protecting all forms of intellectual property Including TK. Concern about possible biopiracy of the maca root is one reason why Peru created this task force. INDECOPI discovered that there were over 100 patents directed to inventions related to Peruvian indigenous plants, the maca root or that included maca derivatives in the patent claims. With the help of PIIPA’s pro bono assistance volunteer (the US firm of Sterne Kessler Goldstein and Fox, PLLC in Washington DC “SKGF”) focus was placed on U.S. patents directed to extracts of maca plants. The Working Group and SKGF worked with scientists and maca exporters to assemble published documentation on maca preparation and the use of maca prior to the filing dates of most of the patents in question. In 2002, the working group also filed an opposition to an EU patent application with the European Patent Office (EPO). In 2010, the EPO rejected the European patent application, in part due to the documents provided by INDECOPI and the Working Group, which showed prior use. Currently, the National Anti-Biopiracy Commission will submit a request for reexamination of the related patent granted in the U.S. based on the rejection of the European patent as an argument. 23/02/2011
Read more...

E-mail Newsletter

 English  Français

» Download latest

Members