Access to Genetic Resources and Intellectual property Right Laws:
Analysis of their Synergies under Ethiopian Law
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The book seeks to address the relationship between IPRs and ABS with a particular focus on disclosure requirements. In that light, analysis have been made on the pertinent international laws on the subject as well as on Ethiopian laws having relevance to the issue.The analysis reveals that the legal regime on access to genetic resources, with a view to create positive synergies between ABS and IPRs, require the access permit holder to recognize the locality from where the genetic resource was accessed as origin in IPR applications.By the same token, the Plant Breeders' Rights Proclamation requ...
The book seeks to address the relationship between IPRs and ABS with a particular focus on disclosure requirements. In that light, analysis have been made on the pertinent international laws on the subject as well as on Ethiopian laws having relevance to the issue.The analysis reveals that the legal regime on access to genetic resources, with a view to create positive synergies between ABS and IPRs, require the access permit holder to recognize the locality from where the genetic resource was accessed as origin in IPR applications.By the same token, the Plant Breeders' Rights Proclamation requires proof of access in accordance with the access legislation as a condition for the grant of plant breeders' right. On the other hand, the Proclamation on Inventions creates negative synergies between ABS and IPRs as it does not make the patentability of inventions based on GRs contingent up on lawful access of the resources thereto. Therefore, the book will be a relevant reference for persons interested on the interface between ABS and IPRs in general and under Ethiopian Legal System in particular.
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