Legal and Economic Property Rights to Plant Genetic Resources
| Project/Area Number |
24610006
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Bioethics
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| Research Institution | Tokai University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Project Status |
Completed (Fiscal Year 2014)
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| Budget Amount *help |
¥2,470,000 (Direct Cost: ¥1,900,000、Indirect Cost: ¥570,000)
Fiscal Year 2014: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000)
Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2012: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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| Keywords | 植物遺伝資源 / 遺伝子組換え作物 / 知的財産権 / 法的財産権 / 経済的財産権 / 農民の権利 / 特許保護 / 種子の再利用 / 遺伝子汚染 / 企業の社会的責任 / 農民特権 / 生物特許 / 生命倫理 / 新制度派経済学 |
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| Outline of Final Research Achievements |
In the 1990s, genetically modified (GM) crops rapidly gained cropping area and market share. As a result, The governments in the USA and Canada have concluded that GM crops can be patentable in that they can be approved as inventions with novelty and usefulness.
In the meantime, the “farmers’ privilege” provided in the UPOV (The International Union for the Protection of New Varieties of Plants) conventions have traditionally granted farmers the right to save and replant the seeds obtained from their own property. The patent protection for GM seeds prohibits farmers from reusing them without permission from the developer even if the GM crops voluntarily grow on the farmers' land.
This research argues that patent protection for GM seeds will lead to the underutilization of plant genetic resources by preventing farmers from reusing them in the domain of an economic property right.
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Report
(4 results)
Research Products
(1 results)
