The current law of plant genetic resources and traditional knowledge.

Abstract

This chapter seeks to lay out the main legal foundation in existing international law for the protection of plant genetic resources (PGR) and traditional knowledge (TK). It first introduces the general principles of international law, which are enshrined by the doctrine of permanent sovereignty over natural resources. Some of the most significant treaties and institutions dealing with the management of biological and genetic resources, intellectual property rights and issues surrounding the conservation of use of TK are highlighted. It also provides a short survey of World Trade Organization law and seeks to identify its main implications for PGR and TK. A short description of the European and US intellectual property rights (IPR) system provides the necessary background, as a brief introduction to access legislation currently existing or partly enacted in developing countries, under the doctrine of permanent sovereignty over natural resources.