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ausip:genetic_resources [2019/09/08 13:55]
jessiej_87
ausip:genetic_resources [2019/09/08 14:00] (current)
jessiej_87
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   * Plants may attract PBR or patent protection if the relevant criteria are satisfied (Link to PBR Chapter);   * Plants may attract PBR or patent protection if the relevant criteria are satisfied (Link to PBR Chapter);
   * Biological or natural ingredients can be the subject of patent protection; for example, the pharmaceutical,​ agriculture,​ cosmetics and food industries have all made use of biological and natural ingredients (Link to Patent Chapter). A good example of this is the use of Aloe Vera and Jojoba in the health and beauty industry;   * Biological or natural ingredients can be the subject of patent protection; for example, the pharmaceutical,​ agriculture,​ cosmetics and food industries have all made use of biological and natural ingredients (Link to Patent Chapter). A good example of this is the use of Aloe Vera and Jojoba in the health and beauty industry;
-  * Trade marks, certification and geographical indications (//GIs//) can also be used on genetic resources. For example, cheese and alcohol (e.g. Agave) often have IP protection related to GIs and marks.+  * Trade marks, certification and geographical indications (GIs) can also be used on genetic resources. For example, cheese and alcohol (e.g. Agave) often have IP protection related to GIs and marks.
  
 When considering the relationship between intellectual property and genetic resources there are key areas of focus including access to biological diversity; plant genetic resources for food and agriculture;​ traditional knowledge; and farmers’ rights. Many of these issues are addressed in some form in “IP-related” conventions and treaties. ​ When considering the relationship between intellectual property and genetic resources there are key areas of focus including access to biological diversity; plant genetic resources for food and agriculture;​ traditional knowledge; and farmers’ rights. Many of these issues are addressed in some form in “IP-related” conventions and treaties. ​
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 ### Intellectual property protection and the ITPGR ### Intellectual property protection and the ITPGR
  
-The //ITPGR// (and //SMTA//) restrict recipients from claiming intellectual property where the claim would restrict access to the plant materials (and their genetic parts or components) ‘in the form received for use or conservation for research, breeding and training for food and agriculture’ ((Art. 12.3(d))).+The //ITPGR// (and //SMTA//) restrict recipients from claiming intellectual property where the claim would restrict access to the plant materials (and their genetic parts or components) ‘in the form received for use or conservation for research, breeding and training for food and agriculture’ ((Art. 12.3(d) )).
    
 So, intellectual property may be claimed over plant material subject to the ITPGR in limited circumstances including: So, intellectual property may be claimed over plant material subject to the ITPGR in limited circumstances including:
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   * Any developments over genetic parts or components of the plant materials received.   * Any developments over genetic parts or components of the plant materials received.
  
-Importantly,​ recipients of any plant materials that are already protected by intellectual property must continue to respect those rights ((Art. 13.2(b)).+Importantly,​ recipients of any plant materials that are already protected by intellectual property must continue to respect those rights ((Art. 13.2(b)).
  
 ## Key Issues Around Genetic Resources and Intellectual Property ## Key Issues Around Genetic Resources and Intellectual Property
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 |CBD| Most notably Art. 8(j) of the //CBD// requires that: Subject to its national legislation,​ respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices. The //CBD// contains other provisions that deal with the interests of indigenous and local communities including Arts. 10 (c), 15.5, 17.2, and 18.4.| |CBD| Most notably Art. 8(j) of the //CBD// requires that: Subject to its national legislation,​ respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices. The //CBD// contains other provisions that deal with the interests of indigenous and local communities including Arts. 10 (c), 15.5, 17.2, and 18.4.|
-|Nagoya Protocol|The preamble to the Nagoya Protocol contains numerous paragraphs relevant to TK. These paragraphs include references to Article 8(j) of the //CBD//, the interrelationship between genetic resources and TK, the diversity of circumstances in which TK is owned, and the Declaration on the rights of Indigenous Peoples. The Protocol also contains significant provisions relating to TK associated with genetic resources held by indigenous and local communities. For example, the Protocol sets out obligations to seek the prior informed consent of indigenous and local communities in these situations ((Art. 15(5))). It also provides for the sharing of benefits arising from the use of TK associated with genetic resources ((Preamble, Arts.  ​1, 8(j), 15(7))).|+|Nagoya Protocol|The preamble to the Nagoya Protocol contains numerous paragraphs relevant to TK. These paragraphs include references to Article 8(j) of the //CBD//, the interrelationship between genetic resources and TK, the diversity of circumstances in which TK is owned, and the Declaration on the rights of Indigenous Peoples. The Protocol also contains significant provisions relating to TK associated with genetic resources held by indigenous and local communities. For example, the Protocol sets out obligations to seek the prior informed consent of indigenous and local communities in these situations ((Art. 15(5) )). It also provides for the sharing of benefits arising from the use of TK associated with genetic resources ((Preamble, Arts 1, 8(j),15(7) )).|
 |ITPGR|The //ITPGR// calls for the protection of TK of farmers, as well as increasing farmers participation in national decision-making processes and ensuring that the benefits from the use of genetic resources be shared with farmers ((Preamble, Arts. 5, 6, 9, 12, 13)).| |ITPGR|The //ITPGR// calls for the protection of TK of farmers, as well as increasing farmers participation in national decision-making processes and ensuring that the benefits from the use of genetic resources be shared with farmers ((Preamble, Arts. 5, 6, 9, 12, 13)).|
  
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