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Laurie, Graeme --- "Patents, Patients and Consent: Exploring the Interface between Regulation and Innovation Regimes" [2007] ELECD 122; in Somsen, Han (ed), "The Regulatory Challenge of Biotechnology" (Edward Elgar Publishing, 2007)

Book Title: The Regulatory Challenge of Biotechnology

Editor(s): Somsen, Han

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845424893

Section: Chapter 11

Section Title: Patents, Patients and Consent: Exploring the Interface between Regulation and Innovation Regimes

Author(s): Laurie, Graeme

Number of pages: 24

Extract:

9. A tale of two commons: plant
genetic resources and agricultural
trade reform
Mary E. Footer*

1 INTRODUCTION

This chapter examines two different forms of commons (public goods
enjoyed in common) in the field of agriculture and the intersection between
them. One is the naturally occurring global commons of plant genetic
resources for food and agriculture (PGRFA)1 or crop germplasm. For gen-
erations this particular type of plant genetic resources has formed part of
humanity's collective `genetic estate' or common heritage of humankind,
and has not been subject to individual appropriation. PGRFA were con-
sidered to be a freely available commodity, the only cost associated with
their acquisition being that of collecting the germplasm. In practice, free
availability translated into the free exchange paradigm that called for the
unrestricted exchange of germplasm among farmers, plant breeders and
scientists and is characteristic of a gift economy (Frow 1996, p. 94 and
1997, p. 198).
The global commons of PGRFA is currently under threat from the
encroachment of private rights (Cullet 2001) in the form of individual
property rights (both tangible and intangible) (Food Ethics Council 2002),
upon public goods and institutions that are concerned with the conser-
vation, use and management of those plant genetic resources. The process
of encroachment manifests itself through various forms of appropriation
including claims based on a growing number of provisions in major treaty
instruments that straddle the fields of biodiversity, agriculture, food secur-
ity, human rights and intellectual property protection. In short, we ...


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