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Plant Genetic Resources: Possible Future Developments?

Posted: 5 Jun 2007 Last revised: 13 Apr 2016

Rónán Kennedy

National University of Ireland, Galway (NUIG) - School of Law

Date Written: 1 May, 2005

Abstract

This paper focuses the public domain in PGRs. It attempts to understand the current state of the international regime governing PGRs and IPRs, using a combination of theory from property law and international relations to structure the analysis. It highlights the remaining issues to be resolved in the ongoing negotiations and sketch the directions in which the law might develop, providing a framework to help in understanding the risks and challenges posed for global governance. It puts forward the hypothesis that the developing world, aided by non-governmental organizations (NGOs), is becoming more organized and focused in putting forward its agenda and that this will be an important determinant of future developments.

Part II of the paper deals with the theory and practice of property in PGRs. Part III discusses the resulting regime complex, presenting the fora, the actors, and the agreements. Part IV outlines the unresolved issues. Part V discusses how theory can help to think about the future of PGRs, analyses what the possible negotiating strategies of states might be, and speculates about future possibilities. It also sketches the form of a mutually beneficial and stable compromise that should satisfy all concerned enough to make it last.

Keywords: plant genetic resources, intellectual property, regime complex, property theory, TRIPs

JEL Classification: K32, K33

Suggested Citation

Kennedy, Rónán, Plant Genetic Resources: Possible Future Developments? (1 May, 2005). Tulane Environmental Law Journal, Vol. 20, p. 1, 2006. Available at SSRN: https://ssrn.com/abstract=892802

Rónán Kennedy (Contact Author)

National University of Ireland, Galway (NUIG) - School of Law ( email )

Newcastle Road
Galway
Ireland

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