NISCAIR Online Periodicals Repository

NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR)  >
NISCAIR PUBLICATIONS >
Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.08 [2003] >
JIPR Vol.08(5) [September 2003] >


Title: IPRs and Biological Resources: Implications for Developing Countries
Authors: Oh, Cecilia
Issue Date: Sep-2003
Publisher: CSIR
Abstract: As developing countries formulate their policy and legal responses to address the implications of biotechnology and the need for biosafety, the regulation of access to genetic resources to ensure benefit sharing, and the implementation of the TRIPS Agreement, they are faced with the question: should they allow for the grant of intellectual property rights over biological resources? This paper suggests that on the question of whether or not to allow IPRs over biological resources should be drawn from two perspectives; one, the international level, taking into account the developments relating to the TRIPS Agreement at the WTO; and two, the national level, taking into account the domestic situation and needs. A two-prong strategy has been suggested. International cooperation and initiatives will be required to strengthen the monitoring of biopiracy and to establish international mechanisms to ensure equitable sharing of benefits from the use of biological and genetic resources. Challenging biopiracy-based patent claims will also be an important component of international level measures. However, these measures must be complemented by measures at the national level to ensure the recognition and protection of traditional or community knowledge.
Page(s): 400-413
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.08(5) [September 2003]

Files in This Item:

File Description SizeFormat
JIPR 8(5) 400-413.pdf56.62 kBAdobe PDFView/Open
 Current Page Visits: 785 
Recommend this item

 

National Knowledge Resources Consortium |  NISCAIR Website |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2012 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 555767 since 06-Feb-2009  Last updated on 15-Jul-2014Webmaster: nopr@niscair.res.in