COP 11 biological diversity: Biodiversity experts have strongly opposed the idea of a supranational world patent regime arguing that it would kill the local scientific talent and make government-funded research more expensive

By Syed Akbar
Hyderabad:  Biodiversity experts have strongly opposed the idea
of a supranational world patent regime arguing that it would kill the
local scientific talent and make government-funded research more
expensive.

“A universal world patent would not stimulate local inventors as they
seldom get to the global markets with their inventions. Publicly
funded research will become more expensive and badly affects advanced
developing countries and least developed ones,” point out biodiversity
researchers from Norway-based Fridtjof Nansen Institute (FNI).
India is an advanced developing country and supranational world patent
system will badly hit not only its mega diversity but also its
research activities.

The FNI has been collaborating with the Chennai-based Centre for
Biodiversity Policy and Law (CEBPOL). FNI researchers Morten Walloe
Tvedt, Kristin Rosendal, Regine Andersen and others have come out with
research studies, which warn that a universal world patent would be a
huge benefit for multinational companies seeking worldwide exclusive
monopolies.

According to an FNI fact sheet, extensive patenting of biological
material, genetic resources, biological processes and knowledge would
challenge the sovereign right to genetic resources. Global
harmonization of patent law can be expected to create further pressure
on the public domain of genetic resources and reduce the opportunity
of achieving a fair and equitable benefit sharing under the CBD. This
might in turn have potential to become an obstacle for conservation
and sustainable use of genetic resources and biological diversity.

A world patent or university patent describes an exclusive right
granted to one individual company or person by one centralized
institution, which at once becomes legally binding for all citizens in
all the countries subscribing to the system. It is enforceable upon
every private person and public institution globally.

Currently there is not one single coherent world patent system, but
rather a number of nation-specific systems tied together by
international harmonization and regional cooperation. “Further
harmonization of patent law would benefit the developed countries
whereas it would be an obstacle for advanced developing countries and
a hinder for the least developed ones. The world patent system is
likely to reduce the operating space for the CBD and thus challenge
conservation of biological diversity,” the FNI team warned.