The Application of Intellectual Property Rights to Biodiversity Resources: A Technique for the South Countries to Maintain Control over the Biodiversity Resources in Their Territories?

Abstract

With the increased industrial application of biological resources, there has been a steep rise in the economic and commercial utility of such resources. This has resulted in the emergence of a new era of discovery and patent filings by individuals and corporeal organs, in the form of biological processes and plant varieties. On the other hand, biodiversity rich countries of the south have started to assert their sovereignty over the resources in their territories by claiming rights of ownership of the resources. Due to the huge financial benefits that modification and commercialisation of biological resources can confer, biodiversity has now become a subject of intense arguments and trade negotiations.

The article begins with a brief discussion of the rules regulating rights over biodiversity resources under the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property Rights and the United Nations Convention on Biological Diversity. Part III examines the background and context of controversies over the emerging practices of registering Intellectual Property Rights over biodiversity resources by different countries, while the next part assesses the merits of Geographical Indications and Trademarks as instruments of control of biodiversity resources. Then follows a discussion on the utility of Intellectual Property Rights to the developing countries in maintaining control over the biodiversity resources in their territories. Part VI concludes the paper with several suggestions, and raises the challenging impediments to the subject.