The Model of Sharing Biological Genetic Resources Referring to the Theory of Open Source
Date Issued
2012
Date
2012
Author(s)
Yen, Ann-Chi
Abstract
The rights and thus economic benefits of the invention of breeders and biotechnologists who utilize biological genetic resources have been secured by intellectual property rights (IPRs). And the problems concerning exhaustion of biological resources and the biopiracy as raised by the practices of IPR laws have been dealing by the establishment of the access and benefit sharing regimes. As the intellectual property rights protect private benefits, while the conservation and biodiversity deal mostly with public benefits, their aims are irrelevant but both are important for biological genetic resources improvement. There should be a mechanism and a scheme to bridge the private intellectual property and public sharing property, such that those who improve the genetic resources have a way to donate their achievements to the public.
As the varieties bred from genetic resources by breeders are subject to the breeders’ private rights, the crop land races are locally selected and/or bred, and thus should not be considered as public properties sensu stricto, but can be treated as private properties that should be contributed to public. To donate private genetic resources to the public is not the abandonment of rights but is the heritable management of their rights to the others, who can use, modify and distribute them freely. Construction of licensing and sharing mechanisms of crop varieties according to the methodology and the successful case histories of open source software can contribute to the sharing and improvement of genetic resources.
The thesis discuss the running cases of sharing private intellectual property in computer software and literary domain in order to find out the key points, such as the GPL licensing scheme in free software movement. By emphasis on and affirm the reasonableness and the necessarily of sharing biological genetic resources (both the original resources and the modified resource as intellectual properties), refer to the scheme and the mechanism of implementation of free and open source software licensing in computer software domain, the idea and framework of free and open source varieties (FOSV) is brought up. The possible strategies of realizing genetic resource right for CBD parties are proposed, which may be useful to both research organizations as well as governmental policy planners.
Subjects
biological genetic resources
benefit sharing
intellectual property rights
general public license (GPL)
SDGs
Type
thesis
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