{"title":"使用自动化专利景观和法律地理分析来发现伊斯帕尼奥拉岛的生物剽窃活动","authors":"Roberto Louis Forestal","doi":"10.1016/j.wpi.2023.102174","DOIUrl":null,"url":null,"abstract":"<div><p><span>This paper reports on an automated patent landscaping and legal geography analysis to scrutinize the biopiracy of endemic plants in the island of Hispaniola (Haiti and the Dominican Republic). My analysis relies on shrubs and flowers that may be reaped without a fair and equitable distribution of benefits. My findings highlight that Western pharmaceutical and biotechnology companies' innovations may overlap sovereign states’ </span>intellectual property rights, implying that regulatory gaps must be filled to empower local communities to benefit from biodiversity and ecosystem services. Therefore, I suggest that the island adopt effective and consistent access and benefit-sharing policies, including mechanisms that encourage environmental protection and require prior informed consent and mutually agreed terms for utilizing genetic resources. I also suggest the introduction of disclosure of origin and/or source of genetic resources in their respective patents regime to ensure that Convention on Biological Diversity regulations and other related international frameworks can be followed.</p></div>","PeriodicalId":51794,"journal":{"name":"World Patent Information","volume":"72 ","pages":"Article 102174"},"PeriodicalIF":2.2000,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Using automated patent landscaping and legal geography analysis to spot biopiracy activities in the island of Hispaniola\",\"authors\":\"Roberto Louis Forestal\",\"doi\":\"10.1016/j.wpi.2023.102174\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p><span>This paper reports on an automated patent landscaping and legal geography analysis to scrutinize the biopiracy of endemic plants in the island of Hispaniola (Haiti and the Dominican Republic). My analysis relies on shrubs and flowers that may be reaped without a fair and equitable distribution of benefits. My findings highlight that Western pharmaceutical and biotechnology companies' innovations may overlap sovereign states’ </span>intellectual property rights, implying that regulatory gaps must be filled to empower local communities to benefit from biodiversity and ecosystem services. Therefore, I suggest that the island adopt effective and consistent access and benefit-sharing policies, including mechanisms that encourage environmental protection and require prior informed consent and mutually agreed terms for utilizing genetic resources. I also suggest the introduction of disclosure of origin and/or source of genetic resources in their respective patents regime to ensure that Convention on Biological Diversity regulations and other related international frameworks can be followed.</p></div>\",\"PeriodicalId\":51794,\"journal\":{\"name\":\"World Patent Information\",\"volume\":\"72 \",\"pages\":\"Article 102174\"},\"PeriodicalIF\":2.2000,\"publicationDate\":\"2023-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"World Patent Information\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0172219023000042\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INFORMATION SCIENCE & LIBRARY SCIENCE\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"World Patent Information","FirstCategoryId":"1085","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0172219023000042","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INFORMATION SCIENCE & LIBRARY SCIENCE","Score":null,"Total":0}
Using automated patent landscaping and legal geography analysis to spot biopiracy activities in the island of Hispaniola
This paper reports on an automated patent landscaping and legal geography analysis to scrutinize the biopiracy of endemic plants in the island of Hispaniola (Haiti and the Dominican Republic). My analysis relies on shrubs and flowers that may be reaped without a fair and equitable distribution of benefits. My findings highlight that Western pharmaceutical and biotechnology companies' innovations may overlap sovereign states’ intellectual property rights, implying that regulatory gaps must be filled to empower local communities to benefit from biodiversity and ecosystem services. Therefore, I suggest that the island adopt effective and consistent access and benefit-sharing policies, including mechanisms that encourage environmental protection and require prior informed consent and mutually agreed terms for utilizing genetic resources. I also suggest the introduction of disclosure of origin and/or source of genetic resources in their respective patents regime to ensure that Convention on Biological Diversity regulations and other related international frameworks can be followed.
期刊介绍:
The aim of World Patent Information is to provide a worldwide forum for the exchange of information between people working professionally in the field of Industrial Property information and documentation and to promote the widest possible use of the associated literature. Regular features include: papers concerned with all aspects of Industrial Property information and documentation; new regulations pertinent to Industrial Property information and documentation; short reports on relevant meetings and conferences; bibliographies, together with book and literature reviews.