Intellectual property rights and bio commons
Open Source and Beyond
Bibliographic Data
| ID | 4388351 |
|---|---|
| Authors | Krishna Ravi Srinivas (0000-0002-1634-0064, Centre for the Study of Developing Societies, corresponding author) |
| Year | 2006 |
| Volume | 58 |
| Issue | 188 |
| Pages | 319-334 |
| Publication date | 2006-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Social Science Journal (JOURNAL) |
| Journal identifiers | ISSN: 0020-8701 • E-ISSN: 1468-2451 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2451.2006.00621.x |
| OpenAlex | W2063684335 |
| Language | EN |
| Citations received | 5 |
| References cited | 20 |
For many years seeds and plant varieties were beyond the purview of intellectual property rights. But since the 1930s intellectual property rights have covered them. Till the advent of trade-related intellectual property rights under the World Trade Organisation, nations had no obligation to extend intellectual property rights to them, unless they were members of the International Union for the Protection of New Varieties of Plants. Apart from provisions of trade-related aspects of intellectual property rights, changes in laws, technological advances, and judicial interpretations of laws have resulted in the strengthening of the rights of patent holders and breeders, while farmers' rights have been diminished or effectively nullified. This has other implications like restriction on the researchers' freedom to invent and innovate and for North-South trade in seeds and grains, particularly in GM crops such as soya. In this article, open source is suggested as a solution and a BioLinux model is put forth as an alternative. While it is not claimed that open source will be a panacea, this article highlights some of the possibilities that are opened up by open source. It also suggests that open source will be very useful in finding a solution to anti-commons problems while promoting innovations
Biology · Business · Commons · Context (archaeology) · Economics · Genetic resources · Geography · Germplasm · Intellectual property · Law and economics · Open source · Political science · Property rights · Public domain · TRIPS architecture · Biotechnology · Computer Science · Copyright and Intellectual Property · Engineering · Intellectual Property and Patents · Law · Open Source Software Innovations · Software
Coase, Pigou and the potato
Marginalized community, space of commons and autonomy
Responsible intellectual property rights? Untangling open-source biotech adherence to intellectual property rights through DIYbio
Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation-Traditional Knowledge Commons and Biocultural Protocols
Open Variety Rights
Shamans, Software, and Spleens
Can Patents Deter Innovation? The Anticommons in Biomedical Research
The cathedral and the bazaar
Miracles of Modernization
Small-Scale Farmers Expand the Benefits of Improved Maize Germplasm
Preemptive patenting, human genomics, and the US biotechnology sector
"Coase's Penguin, or, Linux and "The Nature of the Firm
Private property, collective property, and public property in the age of genomics
South-North Trade, Intellectual Property Jurisdictions, and Freedom to Operate in Agricultural Research on Staple Crops
| Unique citing works | 5 |
|---|---|
| Citations per year | 0.28 |
| Citation span | 2008 - 2022 (15) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 5 |