LibGuides: Law 797-J: International Intellectual Property: Plant Protection

Plant Protection

Convention on Biological Diversity
The Convention on Biological Diversity is dedicated to promoting sustainable development. Conceived as a practical tool for translating the principles of Agenda 21 into reality, the Convention recognizes that biological diversity is about more than plants, animals and micro organisms and their ecosystems – it is about people and our need for food security, medicines, fresh air and water, shelter, and a clean and healthy environment in which to live.
International Convention for the Protection of New Varieties of Plants
This convention established the International Union for the Protection of New Varieties of Plants (UPOV). Its members enact domestic legislation in accord with the Convention.
• FAO Treaty on Plant Genetic Resources for Food and Agriculture
The International Treaty on Plant Genetic Resources for Food and Agriculture was adopted by the Thirty-First Session of the Conference of the Food and Agriculture Organization of the United Nations on 3 November 2001.
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The Treaty aims at:
-recognizing the enormous contribution of farmers to the diversity of crops that feed the world;
-establishing a global system to provide farmers, plant breeders and scientists with access to plant genetic materials;
-ensuring that recipients share benefits they derive from the use of these genetic materials with the countries where they have been originated.

Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property by Jonathan Curci
Call Number: K1401 .C87 2010
ISBN: 9780521199445
Publication Date: 2009-12-10
Jonathan Curci proposes solutions to the conflicts between treaties through the concept of 'mutual supportiveness', including the construction of a national-access and benefit-sharing regime, mandatory contractual provisions in relevant international contracts, a defensive protection when genetic resource-related traditional knowledge is unjustly patented through the analysis of the concepts of 'ordre public and morality', 'certificate of origin' in the patent application and 'novelty-destroying prior art' and positive protection through existing and sui generis intellectual property rights and misappropriation regimes.