The status of patenting plants in the Global South

Abstract

Over the last few decades, the number of patents on plants and plant parts has greatly increased in various parts of the world. Most research, however, has focused exclusively on developed countries—the United States and European Union states in particular—while little is known about the extent to which plants are being patented in other parts of the world. This article aims to fill this information gap by providing an overview of the status of patenting plants in the developing countries and emerging economies of the Global South. The research is based on the analysis of legal provisions, patentability guidelines, court decisions (where they exist) and a sample of patents granted in the countries selected for this study. The findings indicate that despite the flexibilities of the World Trade Organization Trade‐Related Aspects of Intellectual Property Rights Agreement regarding the nonpatentability of plants, 60% of the 126 countries in the Global South for which data were available to allow for the patenting of plants or parts thereof, and many such patents have been identified. This situation warrants further reflection and, potentially, review of existing patent laws as developing countries search for ways of responding optimally to the needs of feeding a growing population while adapting to the challenges of climate change.

Technology, Infrastructure, and Their Regulatory Regimes in Reducing Inequalities

“…A large number of governments from developing world have been obliged to accept "TRIPS-Plus" agreements that provide stronger protection for intellectual property than the minimum laid down in TRIPS (Tripp et al 2007). Currently at least 60% of the 126 countries in the Global South allow for patenting plants (Correa et al 2020). Although one might expect that these countries profit in some way from technology transfer, existing studies do not provide any conclusive evidence (Jarvie 2016).…”

Biodiversity and patents: Overview of plants and fungi covered by patents

“…Correa et al. (2020) in their overview of patents on food plants showed that 40% of countries in the Global South excludes the patentability of plants in their patent regimes. In contrast, most have followed the European approach that excludes plant varieties from patenting, but allows patenting of nucleic sequences that could enable the production and commercialization of by‐products from the plant/fungi as sources of food.…”

“…Laws also differ among countries in the legal frameworks for patents (Jarvie, 2016). For example, some laws allow whole plants/fungi and the products from those materials to be subject to patent restriction, which could include restrictions for their use as food or feed (Correa, Correa, & De Jonge, 2020). Therefore, in some cases patents may not be the appropriate commercial pathway.…”

How regulatory issues surrounding new breeding technologies can impact smallholder farmer breeding: A case study from the Philippines

“…Since the 1980s, the number of patents on plants and plant parts such as cells or DNA sequences, as well as on breeding methods, have rapidly grown around the world (Correa et al, 2020). Because most patent laws do not include a breeder's exemption, the growing number of patents on plants will limit third party's access to breeding materials in the geographical locations, and for the time (usually 20 years), the patents on these materials are granted.…”

“…Because most patent laws do not include a breeder's exemption, the growing number of patents on plants will limit third party's access to breeding materials in the geographical locations, and for the time (usually 20 years), the patents on these materials are granted. This decreases the gene pool from which both farmers and breeders can source freely to use the seeds and breeding materials they need (Binenbaum et al, 2003;Correa et al, 2020). Both intellectual property systems in plant breeding impact on the marketing of seed obtained from protected plant varieties, limiting smallholder farmers to gain income from the sales of farm-produced seed obtained from protected plant varieties (Blakeney, 2009).…”