Introduction
This paper explores the benefit side of the "access and benefit-sharing" discussion by focusing on the intellectual property implications of bioprospecting. While a range of benefits may accrue from bioprospecting activities, the focus of this paper is on intellectual property rights only.
A basic outline of New Zealand's intellectual property rights framework is provided, as background, with a particular emphasis on the Patents Act 1953 and the boundaries of patentability.
The paper also considers a number of issues that have arisen at the international level concerning intellectual property, genetic resources and the traditional knowledge of indigenous and local communities. These include, for example, the grant of patents to third parties for inventions based on traditional knowledge. A number of potential responses are canvassed including the work of the World Intellectual Property Organisation ("WIPO") on the development of model intellectual property clauses for inclusion in access and benefit-sharing agreements involving bioprospecting companies and traditional knowledge-holding communities, and suggested changes to patent laws.
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