Local Knowledge Intellectual Property And Agricultural Innovation

This book examines the role of local knowledge in promoting agricultural innovation and legislative support for agricultural innovation through intellectual property laws and the protection of farmers’ rights. In assessing the role of intellectual property in promoting agricultural innovation the book examines plant variety rights protection, the patenting of plant varieties and plant breeding methods; gene patents and climate change; open source biotechnology and agricultural innovation and geographical indications and the marketing of agricultural products. As a test bed for the application of the themes of the book, it applies a case study approach to look at the role of local knowledge and intellectual property rights in the cultivation of traditional rice varieties in Kerala, South West India and the extent to which this cultivation is supported by Indian legislation. The book concludes with an examination of the success of self-help groups, such as Farmers’ Clubs. This book appeals to all readers interested in policies to promote sustainable agriculture at a time of increasing food insecurity. A special feature of the book is the case study approach. To date, the role of local knowledge and agricultural innovation has been almost entirely ignored and the role of intellectual property in this space has been largely ignored. The book is a result of a research collaboration between the University of Western Australia and Kerala Agricultural University, funded in part by the Australian Research Council.

'The instability of the global food supply system requires our urgent attention. There are no easy solutions but the starting point must entail a critical analysis of the existing institutions governing the ownership and exchange of the plant genetic resources that underpin our long-term food security. Dr Chiarolla's book makes a valuable contribution to the debate.' – Graham Dutfield, University of Leeds, UK 'This book captures some of the key issues underlying the ever-lasting food crises both at national and global levels. It demonstrates how global policies impact national and local actions while food insecurity seems to be a constant companion to many, in spite of decades of our work on securing food as a fundamental right for the poor.' – Balakrishna Pisupati, United Nations Environment Programme, Kenya 'This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. The author's detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.' – Duncan Matthews, Queen Mary, University of London, UK This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security. Claudio Chiarolla analyses developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals' framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared. This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies.

The joint challenges of population increase, food security and conservation of agrobiodiversity demand a rethink of plant breeding and agricultural research from a different perspective. While more food is undeniably needed, the key question is rather about how to produce it in a way that sustains biological diversity and mitigates climate change. This book shows how social sciences, and more especially law, can contribute towards reconfiguring current legal frameworks in order to achieving a better balance between the necessary requirements of agricultural innovation and the need for protection of agrobiodiversity. On the assumption that the concept of property can be rethought against the background of the 'right to include', so as to endow others with a common 'right to access' genetic resources, several international instruments and contractual arrangements drawn from the plant-breeding field (including the Convention on Biological Diversity, technology exchange clearing houses and open sources licenses) receive special consideration. In addition, the authors explore the tension between ownership and the free circulation and exchange of germplasm and issues such as genetic resources managed by local and indigenous communities, the ITPGRFA and participatory plant-breeding programmes. As a whole, the book demonstrates the relevance of the 'Commons' for plant breeding and agricultural innovation.

This book examines the contribution which intellectual property rights can make in the struggle for food security in developing countries. The book consists of 11 chapters. Chapter 1 locates intellectual property rights within the armoury of food security policies. Chapter 2 deals with definitional issues and examines the role of intellectual property rights in incentivizing agricultural research and development. Chapter 3 examines the international landscape of intellectual property and the approaches taken to the relationship between intellectual property rights, agricultural biotechnology, access to biological resources, food security and globalization which are taken by the WTO, FAO, CBD and WIPO among the various international and development agencies. Plant variety rights (PVRs) are a specially created form of intellectual property right originally minted to encourage agricultural innovation and Chapter 4 examines the effectiveness of PVRs in a food security context. Agricultural innovation is in part dependent upon access of researchers to the genetic resources of the biodiverse countries of the South. Chapter 5 considers the attempts to construct an international regime to secure this access. The important role of traditional farmers in preserving landraces and cultivars from which improvements can be derived has generated for a call for the recognition of farmers' rights, and this is examined in Chapter 6 together with agitation for the protection of the traditional knowledge which often informs access to the useful genetic resources. Chapter 7 examines the intellectual property implications of the use of genetically modified (GM) crops as a technological solution to food insecurity. The protection of GM crops is achieved through patent protection and Chapter 9 looks at the competition law implications of patent licensing, patent pools and patent thickets. An old intellectual property device that underpinned the commercial development of European agricultural marketing is the geographical indication, and Chapter 8 examines the contribution it might make to achieving food security. Returning to the theme of the role of intellectual property law in incentivizing innovation, Chapter 10 examines its role in promoting agricultural research. The concluding chapter proposes a number of recommendations for action in deploying intellectual property law in the struggle for food security.

Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

This Brief provides general and basic information on the interface between intellectual property and traditional knowledge, traditional cultural expressions, and genetic resources.

In the wake of its emergence on the international scene, the world's major international intellectual property tool - the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - has evoked anger and dismay among indigenous people and local communities, mainly in the developing countries. Beyond the burden of setting up institutions that they previously did not have, the TRIPS expects developing countries to devote their meagre resources to the revision and introduction of legislation that provides for criminal sanctions against violations of intellectual property rights, the administration of such legislation and the enforcement of border measures. The fact that most of these countries are importers of most of the intellectual property-bound products in question has resulted in high outflows of foreign currency - adding to the pressures related to the costs of compliance and making it difficult for them to satisfy the health needs of their citizens, provide educational materials and cope with the soaring price of agricultural inputs. Despite the onerous requirements, the TRIPS Agreement does not address the concerns of the majority of the countries that are obligated to comply with it. The manner in which traditional knowledge (TK) is treated in the agreement demonstrates how the global intellectual property (IP) regime addresses the concerns of developing countries and the interests of their component indigenous peoples and local communities. The TRIPS requires WTO members to protect TK to the extent that such knowledge fits within the forms of intellectual property protection that the agreement recognizes. The problem is that these forms of intellectual property protection tools - while they have proved instrumental to owners of technological and biotechnological knowledge and skill - do not fit well with TK and, thus, have only facilitated its misappropriation and abuse. As a result, efforts to find modes of protecting traditional knowledge have surfaced in various forums of international and national law-making, as well as in the works of public-interest groups and academicians. These efforts stem from divers philosophical roots, and thus the approaches adopted and the methods proposed take varied forms. As such, the extent and mode of protection they offer as well as their effectiveness are varied. With the increasing awareness that rendering the knowledge bearer attentive to the value of his/her knowledge will encourage the holders to appreciate TK as “continuous and additive innovation” and thus a resource that further develops their culture, geographical indications (GIs) are touted as having the potential to offer advantages to developing-country agricultural producers. This article discusses the use of geographical indications in the protection of traditional knowledge-based agricultural products in the international intellectual property framework, and assesses the challenges and prospects of geographical indications to efforts to cater to the needs of indigenous people and local communities.

A series of public events is planned with a view to demonstrate IP driven success stories of agricultural development with a particular focus on food security. A coordinated action is intended with selected partners from the plant related innovation industry, the public agricultural research sector, farmers associations of selected developing countries, relevant intergovernmental (FAO, UPOV), non governmental organizations and potential donors. A first Seminar was held on June 14, 2011, at the WIPO Headquarters in Geneva.

Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of intellectual property when it comes to supporting innovation by indigenous people.