Graham Dutfield (2000): Intellectual property rights, trade and biodiversity: Seeds and plant varieties .
Earthscan Publication ltd. [120 Pentonville Road, London N1J 9JN, UK, earthinfo@earthscan.co.uk] ISBN 1 85383 692 3; 238 p; Price: £ 35; about US$ 50.

Plant genetic resources are crucial for the continued development of agriculture and the livelihood of the vast majority of the world's population. They remain a key resource for a wide range of industries. Many modern pharmaceuticals are based on initial indications derived from the specific use of plants by indigenous communities. Some estimates put the amount at 45 per cent of modern drugs. In the USA, 25 per cent of prescription drugs are based on active ingredients that have either been extracted or derived from plants and constitute a market valued at over US$ 15 billion in 1990. The importance of plant genetic resources for agriculture is even more apparent. Genetic sources of disease and pest resistance are crucial for agriculture, hence the demand for careful collection, documentation and in situ maintenance of plant genetic resources. Yet, it is important to note the knowledge systems in which they have been developed and maintained. However, efforts to exploit these resources and the associated knowledge base are frustrated by the lack of scientific, technical and commercial capacities in developing countries. In many ways and with some important differences, it is companies in the technology-rich north who have the capacities to use plant genetic resources and appropriate the resulting commercial value. It is at this interface of intellectual property rights (IPR), the sustainable use of plant genetic resources and the rights of communities that problems occur. One manifestation of this problem is the tension between the objectives and principles of the Convention on Biological Diversity (CBD) and the agreements under the World Trade Organization (WTO), particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Dutifield's book deals with these issues.

It is an immensely readable book and adopts a pragmatic approach; thus avoiding the usual rhetorical traps of much of the literature on the subject where uncompromising pro- and anti-patent positions have hijacked the debate and stalled policy deliberations. The book begins by identifying some peculiarities of the use of plant genetic resource in agriculture. For example, the extensive interdependence of countries as far as these resources are concerned and the availability of ex situ collections undermine the position of biodiversity-rich countries in securing access and benefit-sharing regimes. This is followed by an analysis of some of the biodiversity-related aspects of the TRIPS agreement. Here, Dutfield reviews the key instruments and provisions of the agreement, such as patents, geographical indications, trade secrets and trademarks. Identifying provisions within the CBD that have IPR implications completes the discussion.

Chapters 5 and 6 are devoted to an analysis of the conflicts and synergy between the CBD and TRIPs, identifying avenues for implementing sui generis systems that might incorporate principles of the CBD while still remaining TRIPs-compliant. The study presented here is supported by intelligent and careful case studies of various sui generis proposals, including one developed by Gene Campaign in India, and case studies of instances of biopiracy, such as in the case of neem, turmeric and quinoa. In subsequent chapters, Dutfield presents an overview of key initiatives and proposals that tackle the tensions between CBD and TRIPs. These include the Andean Community's access regime, the Organization of African Unity's draft proposal, efforts to develop People's Biodiversity Registers in India and similar initiatives relating databases of local innovations.

In keeping with its pragmatic approach, the book accepts that there are problems with the patents-biodiversity interface, but promotes an active position of advancing the principles of CBD whilst simultaneously canvassing for expansive interpretation of TRIPs provisions. Importantly, it draws attention to using the precautionary provisions of the CBD to keep plants and animals outside the scope of patent legislation. It suggests incorporating more taxing requirements for novelty and inventive steps as a means of protecting the domain of traditional knowledge from misappropriation. Additional policy and administrative steps considered include the use of certificates of origin and development of traditional knowledge databases.

The book is a very useful contribution to the debate on the relationship between CBD and TRIPs. Apart from its analytical study of the issues and the useful case studies, it has the added attraction of an annotated bibliography - a bonus that will definitely benefit everyone interested in the subject.