The protection of genetic resources in the intersection of biological diversity and intellectual property rights

Keserű, Barna Arnold (2024) The protection of genetic resources in the intersection of biological diversity and intellectual property rights. RECHTSKULTUR: ZEITSCHRIFT FÜR EUROPÄISCHE RECHTSGESCHICHTE, 2024 (State). pp. 339-351. ISSN 2568-4469

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Abstract

Diversity is a key component of sustainable development. This stems from the systems theory approach, as a diverse system adapts best to environmental change. From this perspective, diversity is a guarantee of survival, and it serves as a tool of fighting for food security. The complexity and diversity must therefore be protected. One endpoint of diversity is biological and genetic diversity, while the other endpoint is cultural diversity. The protection of biological diversity is linked to the protection of genetic resources. The issues of the protectability of genetic resources is a new direction in intellectual property law, with the declared aim of promoting aspects of sustainable development. There are new, emerging legal institutions at international level which are not yet part of the universal system of intellectual property rights and it is up to international legislation to make them so. A key step was the adoption of the WIPO Treaty in this field in May of 2024. The purpose of this paper is to analyze the current and future possibilities for protection.

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