Mechanisms of Intellectual Property Rights in Protecting the Environment and Biodiversity of Plant Genetic Resources

Subject Areas : environmental low

Fatemeh Alizade ¹ , Mohammad-Reza Parvin ² , parvin farshchi ³

1 - Ph.D. Candidate ,Department of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 - Assistant Professor of Law, Department of Microbial Biotechnology, Agricultural Biotechnology Research Institute of Iran (ABRII), Agricultural Research, Education and Extension Organization (AREEO), Karaj, Iran. *(Corresponding Authors)
3 - Assistant Professor of Department of Natural Resources and Environment, Science and Research Branch, Islamic Azad University, Tehran, Iran.

Received: 2020-01-14 Accepted : 2023-01-29 Published : 2023-06-22

Keywords: Plant varieties, Patent system, Geographical indications, Intellectual Property Rights, Plant genetic resources,

Abstract :

The identification of the intellectual property rights system is the basis for legal protection of achievements made with the aim of protecting biodiversity, sustainable development, traditional knowledge related to genetic resources, digital sequence information, etc. The effort to create a common understanding between the legal and technical fields surrounding the issue of plant genetic resources is analyzed in this research. The present research is written based on library studies and descriptive and analytical method based on review findings. Examining the legal mechanisms provided by the intellectual property rights system in the form of environmental goals shows the effective components in the protection mechanisms of intellectual property rights in order to recognize the economic value of plant genetic resources and legal protection of indigenous communities.Traditional knowledge in order to maintain biodiversity and public order and good ethics as an environmental requirement can be effective in sustainable development with the aim of protecting biodiversity. The results of the research show that geographical indications as a system to protect the traditional knowledge of indigenous communities and biodiversity and the patent system as a suitable support system to support genetically manipulated genetic resources due to the provision of components and ethical considerations. The environment and the protection system for plant varieties as a special support system for plant breeders in order to create new plant varieties with the aim of sustainable development of plant genetic resources can be among the main mechanisms of intellectual property rights in order to protect the environment and sustainable use of genetic resources.

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