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Plant variety protection and traditional agricultural knowledge in Southeast Asia

Kanniah, Rajeswari and Antons, Christoph 2012, Plant variety protection and traditional agricultural knowledge in Southeast Asia, Australian journal of Asian law, vol. 13, no. 1, pp. 1-23.

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Title Plant variety protection and traditional agricultural knowledge in Southeast Asia
Author(s) Kanniah, Rajeswari
Antons, Christoph
Journal name Australian journal of Asian law
Volume number 13
Issue number 1
Start page 1
End page 23
Publisher Asian Law Centre Law School, University of Melbourne (Federation Press)
Place of publication Melbourne, Vic
Publication date 2012-10-10
ISSN 1443-0738
1839-4191
Keyword(s) plant variety protection
traditional agricultural knowledge
Southeast Asia
Summary This article provides an overview of the emerging plant variety protection (PVP) systems in Southeast Asia. The case studies are from countries that form part of the regional Association of Southeast Asian Nations (ASEAN), mainly Indonesia, Malaysia, Philippines and Thailand. The focus will be on the intersection between intellectual property rights (IPRs) and popular demands for the protection of the traditional knowledge (TK) of local communities. Factors that fuelled the emergence and shaped the content of the PVP laws were the obligation to comply with art 27(3)(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement), aspirations for the development of the biotechnology industry, avoidance of possible sanction under the US ‘Special 301’ procedure, Free Trade Agreements (FTAs), the role played by the International Union for the Protection of New Plant Varieties (UPOV), technical assistance from UPOV member countries, membership of international biodiversity treaties and demands from civil society organisations for protection of TK. The PVP laws that resulted present an uneasy amalgam of conventional property rights with some aspects of protection of TK. It is very likely that the local communities claiming TK rights will face legal hurdles, in as much as government agencies implementing the law will face administrative and technical complications.
Language eng
Field of Research 180115 Intellectual Property Law
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2012, Federation Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30048975

Document type: Journal Article
Collections: School of Law
Alfred Deakin Research Institute
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