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Access and benefit-sharing regimes concerning the utilization of plant genetic resources and traditional knowledge regarding the use of plant genetic resources: using law, economics, and empirical methods to analyze plant genetic resources issues, including biopiracy, bioprospecting, and intellectual property

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Title: Access and benefit-sharing regimes concerning the utilization of plant genetic resources and traditional knowledge regarding the use of plant genetic resources: using law, economics, and empirical methods to analyze plant genetic resources issues, including biopiracy, bioprospecting, and intellectual property
Author(s): Chen, Kuang-Cheng
Director of Research: Kesan, Jay P.
Doctoral Committee Chair(s): Kesan, Jay P.
Doctoral Committee Member(s): Ulen, Thomas S.; Garoupa, Nuno; Endres, Bryan
Department / Program: Law
Discipline: Law
Degree Granting Institution: University of Illinois at Urbana-Champaign
Degree: J.S.D.
Genre: Dissertation
Subject(s): Plant Genetic Resources Traditional Knowledge Intellectual Property Rights Regression Analyses Access and Benefit-Sharing Regimes Biopiracy Bioprospecting
Abstract: The developed and developing worlds have different perspectives regarding plant genetic resources (PGRs) and traditional knowledge regarding the use of PGRs. The developed world favors intellectual property rights (IPRs), and terms the collection of PGR samples from the developing world to be “Bioprospecting.” The developing world terms the collection of PGRs from national sovereignties to be “Biopiracy,” and favors limitations on the collection of PGRs and promotes the sharing of benefits with the origin countries of PGRs. This dissertation uses Probit Regression to uncover interactions between access and benefit-sharing (ABS) regimes and IPRs regarding PGRs and traditional knowledge regarding the use of PGRs. Regression analysis shows that the more PVP applications that are filed in a given country, the higher the probability that such a country will adopt an ABS regime. This dissertation concludes that ABS regimes do not conflict with the application of IPRs, which is contrary to the existing literature. This dissertation evaluates these issues objectively using law, economics and regression analysis (Probit Regression). The regression analysis shows countries that experience net inflows of foreign direct investments and increased numbers of plant variety protection (PVP) applications adopt ABS regimes. This dissertation suggests the elimination of the complicated administrative procedures that are currently required for accessing PGRs. The regulation of “intermediaries” and “culture collections” as sources of PGRs and the sharing of non-monetary benefits in return for access to PGRs and traditional knowledge regarding the use of PGRs can promote the creation of ABS regimes. Taiwan provides a case example of an ABS regime but has both many good points as well as room for improvement. Future research should focus on finding more concrete ways to harmonize IPRs and ABS regimes, and examine specific national laws to determine whether such laws promote the implementation of ABS regimes.
Issue Date: 2010-05-19
URI: http://hdl.handle.net/2142/16035
Rights Information: Copyright 2010 Kuang-Cheng Chen
Date Available in IDEALS: 2010-05-19
Date Deposited: May 2010
 

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