[Frontiers in Bioscience E5, 408-417, January 1, 2013]

Plants genetic manipulation: an approach from intellectual property

Anisley Negrin Ruiz1, 2,3, Lazaro Pino Rivero4

Department of Civil Law, Law Faculty, Central University of Las Villas (CULV), Santa Clara, 54830, Cuba, 2National Copyright Center, CULV, Santa Clara, 54830, Cuba, 3Cuban Industrial Property Office, CULV, Santa Clara, 54830, Cuba, 4Department of Physical-Chemistry, Faculty of Chemistry and Pharmacy, CULV, Santa Clara, 54830, Cuba

TABLE OF CONTENTS

1. Abstract
2. Introduction
3. Plants genetic modification: points of view
4. Principles to keep in mind around the risk-benefit dichotomies
5. Viability of Intellectual Property systems in order to protection of plants genome
6. Terminological differences on the field of Intellectual Property
7. Patentability scope and plants genome protection
8. International protection frame for biotechnological patents
9. Intellectual property and genetic modification of the plants in Cuba
9.1. Bio-security, Ethics and Bioethics
9.2. Regulatory national frame
10. Conclusions
11. Acknowledgements
12. References

1. ABSTRACT

From the end of the 20th century the Biotechnology has experimented a vertiginous advance so far, putting on approval concepts like bio-security and bioethics; becoming this way, the work with the genome of the plants, in a matter is worthy to be reconsidered by the juridical mark that regulates it, in order to moderate the norm to the new scientific context. The Intellectual Property, when recognizing patent rights on products that have incorporate biological material, as well as to the obtainer about the new vegetable varieties obtained, could mean an obstacle that impedes or hinder the access from the society to that product or that variety. In the same way is worthy of consideration, the fact that such products or varieties can be a risk for the human health or the Environment, and a monopoly of commercial exploitation for the holder of the patent or of the obtainer certificate. This study is about this topic; and valuation about aspects of Biotechnology related with the genome of the plants and their juridical protection, in the international sand as well in Cuba.