The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources

The interface between plant genetic resources that are in the public domain and intellectual property rights regimes is a dynamic one, characterized by tension and even controversy. It has been this way for many years. Society's interests lie in encouraging innovation with and use of plant genetic r...

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Main Authors: Fowler, Cary, Engels, J., Frison, Emile A., International Plant Genetic Resources Institute
Format: Libro
Language:Inglés
Published: 2003
Online Access:https://hdl.handle.net/10568/105063
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author Fowler, Cary
Engels, J.
Frison, Emile A.
International Plant Genetic Resources Institute
author_browse Engels, J.
Fowler, Cary
Frison, Emile A.
International Plant Genetic Resources Institute
author_facet Fowler, Cary
Engels, J.
Frison, Emile A.
International Plant Genetic Resources Institute
author_sort Fowler, Cary
collection Repository of Agricultural Research Outputs (CGSpace)
description The interface between plant genetic resources that are in the public domain and intellectual property rights regimes is a dynamic one, characterized by tension and even controversy. It has been this way for many years. Society's interests lie in encouraging innovation with and use of plant genetic resources. In this respect the balance between the need to keep access to genetic resources unfettered so that anyone can use them and the need to allow innovators to claim certain property rights over their creations as a means of encouraging and rewarding such work is critically important. The centerpiece of this publication is an article - reprinted with permission from the Journal of World Intellectual Property - that focuses on the question, ”How much or how little must be done to germplasm accessed from the public domain before a grant of intellectual property right can be sought?” The article examines the practices of centres of the Consultative Group on International Agricultural Research (CGIAR) and seeks to help the reader work through and evaluate a range of different options for how rules regarding derivatives might be handled in the future. In addition, this publication brings together a number of key related documents: the agreements between the CGIAR centres and the Food and Agriculture Organization of the United Nations (FAO) placing plant germplasm held by the centres under the auspices of the FAO; the joint statements issued by FAO and CGIAR concerning these agreements; the two Material Transfer Agreements (MTAs) that the CGIAR Centres have used ; and the relevant sections of the International Treaty on Plant Genetic Resources for Food and Agriculture that will provide the legal context and framework for future rule systems dealing with the interface between germplasm and intellectual property rights regimes.
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spelling CGSpace1050632025-11-05T07:48:02Z The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources Fowler, Cary Engels, J. Frison, Emile A. International Plant Genetic Resources Institute The interface between plant genetic resources that are in the public domain and intellectual property rights regimes is a dynamic one, characterized by tension and even controversy. It has been this way for many years. Society's interests lie in encouraging innovation with and use of plant genetic resources. In this respect the balance between the need to keep access to genetic resources unfettered so that anyone can use them and the need to allow innovators to claim certain property rights over their creations as a means of encouraging and rewarding such work is critically important. The centerpiece of this publication is an article - reprinted with permission from the Journal of World Intellectual Property - that focuses on the question, ”How much or how little must be done to germplasm accessed from the public domain before a grant of intellectual property right can be sought?” The article examines the practices of centres of the Consultative Group on International Agricultural Research (CGIAR) and seeks to help the reader work through and evaluate a range of different options for how rules regarding derivatives might be handled in the future. In addition, this publication brings together a number of key related documents: the agreements between the CGIAR centres and the Food and Agriculture Organization of the United Nations (FAO) placing plant germplasm held by the centres under the auspices of the FAO; the joint statements issued by FAO and CGIAR concerning these agreements; the two Material Transfer Agreements (MTAs) that the CGIAR Centres have used ; and the relevant sections of the International Treaty on Plant Genetic Resources for Food and Agriculture that will provide the legal context and framework for future rule systems dealing with the interface between germplasm and intellectual property rights regimes. 2003 2019-10-15T15:44:29Z 2019-10-15T15:44:29Z Book https://hdl.handle.net/10568/105063 en Open Access application/pdf International Plant Genetic Resources Institute; Fowler, C.; Engels, J.; Frison, E. (comps.) (2003) The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources. 51 p. ISBN: 978-92-9043-643-0, ISBN: 92-9043-643-3
spellingShingle Fowler, Cary
Engels, J.
Frison, Emile A.
International Plant Genetic Resources Institute
The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources
title The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources
title_full The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources
title_fullStr The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources
title_full_unstemmed The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources
title_short The question of derivatives: promoting use and ensuring availability of non-proprietary plant genetic resources
title_sort question of derivatives promoting use and ensuring availability of non proprietary plant genetic resources
url https://hdl.handle.net/10568/105063
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