The Interface of Open Source and Proprietary Agricultural Innovation: Facilitated Access and Benefit-Sharing Under the New FAO Treaty

Abstract

This Article will critically examine how effectively the new ITPGRFA combines these open source and proprietary elements and will conclude by comparing this commendable, albeit imperfect, Multilateral System with its potentially bipolar alternative—namely, the continuation of current controversies over the patentability of genetic materials and over reactive assertions of sovereignty over plant genetic resources.

Keywords

Plant genetic engineering, Bioethics, Intellectual property, Agricultural biotechnology, Food supply, Plant breeding, International Treaty on Plant Genetic Resources for Food and Agriculture, 2001, International

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Authors

Charles R. McManis (Washington University School of Law)
Eul Soo Seo (Washington University School of Law)

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