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The role of patents in biodiversity conservation

Nature Biotechnology volume 27, pages 994–995 (2009)Cite this article

Patents may not establish clear property and use rights and this may promote biodiversity destruction and decline. What is needed are schemes for patents to suit conservation and sustainable-use objectives.

Patents, along with access and benefit sharing, are critical components of conserving biodiversity. This was recognized by the United Nations Convention on Biodiversity1 (CBD), which called for parties to the convention to ensure that patents support the CBD's objectives, including biodiversity conservation and sustainable use, and that incentive measures promote biodiversity conservation rather than its destruction and decline. The access and benefit sharing objectives of the CBD have now been implemented as a private contract model according to the voluntary Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization2. In short, the contract sets out the terms and conditions of access with patents contributing to the calculation of the price of access. The questions we must ask are, Does the access price properly reflect the true costs of biodiversity conservation, and What are the role and place of patents in contributing to the price of access? Why are these the critical questions?

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References

  1. Secretariat of the Convention on Biological Diversity. Convention on Biological Diversity, Articles 1, 11, 16(5) (United Nations Treaty Series, Belize, 1993). http://www.cbd.int/doc/legal/cbd-un-en.pdf

  2. Conference of the Parties to the Convention on Biological Diversity. Report of the Sixth Meeting of the Conference of the Parties to the Convention on Biological Diversity, UNEP/CBD/COP/6/20 (Conference of the Parties to the Convention on Biological Diversity, Montreal, 2002) pp. 60–62 and 253–269. https://www.cbd.int/doc/meetings/cop/cop-06/official/cop-06-20-en.pdf

  3. Organization of Economic Co-operation and Development. Managing the Environment: The Role of Economic Instruments (Organization of Economic Co-operation and Development, Paris, 1994) pp. 73–118.

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  6. World Trade Organization. Agreement on Trade Related Aspects of Intellectual Property Rights (1994) 33 ILM 1125, Arts. 27, 28 and 29. http://www.wto.org/english/docs_e/legal_e/27-trips.pdf

  7. For an example of this preference in Australia see Lawson, C. & Pickering, C. Prometheus, 22, 355–377 (2004).

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  1. Charles Lawson is at the Australian Centre for Intellectual Property in Agriculture, Griffith Law School, Gold Coast campus, Griffith University, Parkwood, Queensland, Australia.,

    Charles Lawson

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  1. Charles Lawson
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Correspondence to Charles Lawson.

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Lawson, C. The role of patents in biodiversity conservation. Nat Biotechnol 27, 994–995 (2009). https://doi.org/10.1038/nbt1109-994

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