Amidst peril and progress: conservation of diversity and patent law

Abstract

Medicinal and aromatic plants are biological, cultural and industrial resources. The diversity from which they stem is in peril, though. The manner in which they are patented and exploited by the bioindustry upon their modification is controversial. It disregards interests of countries and communities that provide them. This is affected by the global regulative framework, devised pursuant to the neo-liberal policies that steer globalization. Patent law is part of that framework. Reformulation of ethical principles, policies and laws should lead to integrative protection of ecological, cultural and commercial interests. The Convention on Biodiversity should do just that. Its implementation is hampered by conflicts with said framework, and particularly patent law. Some of the issues may be resolved politically, for example in the course of the Doha Development Agenda, but fundamental issues remain. This article addresses the context of these problems, some initiatives to rebut them, suggests alternative routes for their resolution, and concludes that diligence is required in respect of legal change when we are in the thick of peril and progress