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Washington University in St. Louis

Washington University Journal of Law & Policy

International Law

Germplasm resources

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Full-Text Articles in Law

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne Jan 2009

The Fao Multilateral System For Plant Genetic Resources For Food And Agriculture: Better Than Bilateralism?, Muriel Lightbourne

Washington University Journal of Law & Policy

Because innovation cycles in the plant breeding industry require five to fifteen years to create new stable varieties, the Multilateral System will not start producing effects for a few more years. However, the share of benefits derived from the commercialization of plant genetic resources that incorporate genetic material accessed from the Multilateral System should be fairly limited pursuant to the provisions of the Standard Material Transfer Agreement adopted by the International Treaty Governing Body in June 2006. This seems to vindicate the position of China and Ethiopia, which consisted of maintaining soybean and coffee outside the Multilateral System. Part I ...


Protecting Traditional Agricultural Knowledge, Stephen B. Brush Jan 2005

Protecting Traditional Agricultural Knowledge, Stephen B. Brush

Washington University Journal of Law & Policy

Until the end of the last century, crop genetic resources were managed as public domain goods according to a set of practices loosely labeled as “common heritage.” The rise of intellectual property for plants, the commercialization of seed, the increasing use of genetic resources in crop breeding, and the declining availability of crop genetic resources have contributed to extensive revisions to the common heritage regime. Changes include specifying national ownership over genetic resources and use of contracts in the movement of resources between countries. This Essay explores the impact of these changes in cradle areas of crop domestication, evolution and ...


From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho Jan 2005

From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho

Washington University Journal of Law & Policy

The introduction in patent statutes of a requirement to disclose the origin of genetic resources and prior informed consent of the use of traditional knowledge in claimed inventions (hereinafter “the Requirement”) has been at the center of an international debate for the last few years. Many developing, biodiversity-rich countries consider that the Requirement is an essential component of a broader approach to patent law, which should be informed by considerations of economic development. At the other end of the spectrum, a few industrialized countries believe that the Requirement is not only incompatible with current international law, in particular the TRIPS ...