Access to Genetic Resources, Gene-based Inventions and Agriculture
Study Paper 3b
by Michael Blakeney (Director, Queen Mary Intellectual Property Research Institute Queen Mary, University of London)
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This report addresses policy options for developing countries in implementing legislation dealing with plant variety rights, farmers’ rights and bioprospecting in the context of the following key issues identified by the Chairman of the Council for TRIPs at its 23 March 2001 meeting:
• the link between Article 27.3(b) and development;
• technical issues relating to patent and plant variety protection under article 27.3(b);
• technical issues relating to the sui generis protection of plant varieties;
• ethical issues relating to the patentability of life-forms;
• the relationship to the conservation and sustainable use of genetic material; and
• the relationship with the concepts of traditional knowledge and farmers’ rights
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