Presentation on genetic resources, intellectual property rights and environmental justice given at the Masterclass for Sustainable Development, on November 24, 2013.

1. Genetic resources,
Intellectual Property Rights
and Environmental Justice
Masterclass for Sustainable Development
Nov. 24, 2013
Brendan Coolsaet
Biodiversity Governance Unit
Centre for Philosophy of Law
Université catholique de Louvain

2. Using genetic resources
Pharmaceuticals
Plant Breeding
Taxonomy
Conservation
Industrial biotech.
Traditional use
Sources: plind/Flickr Creative Commons; Sam Fentress/Creative Commons; biologycorner.com; Marco Schmidt/Creative Commons

3. Access and Benefit-sharing (ABS)?
Source: CBD ABS Information Kit, 2011

4. Global distribution of biodiversity
+ 80% of the world's biotechnology-related patents are owned
by US, EU and Japan (Patent Cooperation Treaty, 2006)
Source: Barthlott, W., Kier, G. & Mutke, J. 1999. Biodiversity – The uneven distribution of a treasure. NNA Reports 12/1999: 18-28

5. Convention on Biological Diversity &
Nagoya Protocol
1992: The objectives of this Convention [...] are the conservation of
biological diversity, the sustainable use of its components and the fair and
equitable sharing of the benefits arising out of the utilization of genetic
resources [...]
2010: The objective of this Protocol is the fair and equitable sharing of the
benefits arising from the utilization of genetic resources, including by
appropriate access to genetic resources [...]
Not included:
&

6. Fair and equitable?

7. Multidimensional justice concerns
reparative justice
cognitive justice
historic entitlement
distributive justice
Sources: Creative Commons; Centre for Science and Environment; Kroll/CNCD-11.11.11
procedural justice

8. IPRs and genetic resources
IPR
Description
In Belgium
Patent
- exclusive and temporary
- novel invention that implies an inventive
step
- susceptible of industrial application
- inventions related to bio-material are patentable
- research exemptions
- Disclosure requirement (geographical origin)
Plant Variety
Right
- new, distinct, stable and uniform plant
varieties
- distinguished from any other plant
grouping by the expression of at least one
genotypic characteristic
research and breeding exemptions for acts
accomplished in a private, non-commercial,
experimental capacity and for breeding new
varieties
Geographical
Indications
- agricultural product or foodstuff
- protected due to its regional and local
nature
Sources: Coolsaet et al. 2013, Study for the implementation in Belgium of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity. Final report, 243p.

9. IPRs and environmental justice issues
DISTRIBUTIVE JUSTICE
Restrictions on access by developing countries to
markets in developed countries
Restrictions in the access to IP-protected goods
developed with genetic resources
Biopiracy concept and bilateral concepts of benefitsharing "presuppose intellectual property rights" !
REPARATIVE JUSTICE
Current IPRs serve the interests of users of GR/TK
without helping ensure a fair and equitable BS with
the providers.
Might be difficult to indentify "owners" of
transboundary genetic resources and traditional
knowledge

10. IPRs and environmental justice issues
PROCEDURAL JUSTICE
Indigenous and Local Communities miss technical and economic
resources to challenge patents through courts
Indigenous and Local Communities inventions and traditional knowledge
are ineligible for IP protection
Indigenous and Local Communities and their nation states face unequal
participation oppurtunities in international negotiations
Sovereignty and responsability for sharing of benefits rest at state level,
not local level

11. IPRs and environmental justice issues
HISTORIC ENTITLEMENT
Traditional sharing and genetic resources
commons might be inhibited
Nothern valuation vs. Southern conservation of
genetic resources.
COGNITIVE JUSTICE
Conflicting sharing ethos between CBD and
WTO/WIPO
Local communities might not see genetic
resources/traditional knowledge as ownable
commodities.
Source: www.savagechickens.com

12. I want more...
Convention on Biological Diversity: ABS Series
Factsheets on Genetic Resources, Access and Benefit-sharing,
Traditional Knowledge and the Nagoya Protocol http://www.cbd.int/abs/
Scoop.it channel
Overview of world news and perspectives on the 2010 Nagoya
Protocol on Access and Benefit-Sharing to the Convention on
Biological Diversity - http://www.scoop.it/t/nagoya-protocol
Intellectual Property Watch
Independent news and analysis on international IP policymaking
(including biodiversity) - http://www.ip-watch.org

13. Thank you.
brendan.coolsaet@uclouvain.be
http://twitter.com/bcoolsaet