Thailand’s plant protection regime presents a unique sui generis plant protection system, which is used as a model by several developing nations. The current Thai Plant Variety Protection (PVP) law has attracted some criticism, and whether or not farmers and breeders actually benefit from the system is in doubt. The questions this situation raises are: has Thailand adopted clear, coherent, and workable rules for plant variety protection in response to the needs of the nation? Is the introduction of intellectual property rights (IPRs) in agriculture via a PVP regime a desirable and contributory factor to the development of Thailand? More precisely, how might such an IPR regime be made compatible with Thailand’s development needs, bearing in mind the obligations the country has accepted through its membership of the WTO and adherence to the TRIPS Agreement? This thesis attempts to address these questions. By highlighting the salient features of the Thai plant protection regime, this thesis addresses the major concerns of the rights of farmers, local communities, and plant breeders. It is suggested that the protection of plant varieties is vital to Thailand, considering the fact that agriculture represents a fundamental economic activity and the livelihood of a large section of the total population; therefore, introducing IPRs in agriculture via the PVP regime is critical to the development of agriculture in Thailand. Thus, a new developmental approach to the IP protection of plant varieties is desirable to ensure the unique needs of the nation the validity of national legislation, and the long-term promotion of agricultural development and sustainability in Thailand. Thailand can provide a more coherent framework for plant variety protection by carefully calibrating the PVP provisions and establishing a coherent set of rules in the form of a new legislative framework. It is concluded that a number of possible elements are available from a variety of instruments that exist in international law, notably the TRIPS Agreement, the UPOV Convention, the CBD, and the ITPGRFA. Lastly, the proposed regulatory reforms suggest that Thailand’s PVP provisions should be amended in three major areas, including (1) provisions for the rights of farmers and local societies, (2) legal protection for plant breeders’ rights, and (3) institutional apparatus governing plant protection issues in Thailand.

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) administered by the World Trade Organization affects a wide range of domestic public policies and industry practices in biotechnology. With the advent of global patent protection for biotechnology, Brazil faces a significant dilemma. It is necessary for Brazil to comply with international intellectual property (IP) standards while simultaneous protecting its local industry and stimulating local innovation. To this end, this thesis investigates whether or not the current IP rights-dependent business models prevailing within Western industry deprive scientists, especially in the developing world, of equitable access to biotechnology techniques, and hinders their participation in research and development by restricting access to research techniques. Drawing on the case study of Brazil, the thesis identifies key issues relevant to biotechnology, IP rights and Open Scientific Innovation (OSI) as an approach to the management of IPRs. Based on an understanding of the international and Brazilian post-TRIPS scenario, the thesis specifically addresses one central question: Is OSI feasible and desirable in the Brazilian context? It is intended that the research findings contribute significantly to the body of knowledge in relation to innovation policies. Overall, it is hoped that the findings of this thesis will promote innovation in the Brazilian biotechnology sector.

Thesis (J.C.L.)--Catholic University of America, 2006. / Includes bibliographical references (leaves 49-50).

Thesis (MPhil) -- AUT University, 2008. / Includes bibliographical references. Also held in print (xi, 133 leaves ; 30 cm.) in City Campus Theses Collection (T 346.048 NAS)

Thesis (J.C.L.)--Catholic University of America, 1987. / This is an electronic reproduction of TREN, #029-0084. Includes bibliographical references (leaves 55-60).

Thesis (J.C.L.)--Catholic University of America, 1998. / Includes bibliographical references (leaves 38-42).

Thesis (J.C.L.)--Catholic University of America, 1999. / Includes bibliographical references (leaves 59-61).

Thesis (J.C.L.)--Catholic University of America, 2006. / Includes bibliographical references (leaves 49-50).

Thesis (J.C.L.)--Catholic University of America, 1987. / Includes bibliographical references (leaves 55-60).

Eastern and southern Africa, a region that is home to a twentieth of the world’s population, accounts for half the number of people living with HIV globally, including an increasingly drug resistant Tuberculosis epidemic. The high mortality and untold human suffering associated with HIV in the region during the late 1990s and early 2000s has mostly been mitigated by a rapid scale up of national HIV treatment programmes over the past decade, largely made possible by generic competition from Indian pharmaceutical manufacturers. The sustainability of treatment programmes in the region depends on various factors. National HIV treatment programmes are largely financed by multilateral donor mechanisms which are facing a decline in funding for the first time in the history of the AIDS response. Indian pharmaceutical manufacturers are increasingly encountering patent barriers stemming from the country’s implementation of its intellectual property obligations under the World Trade Organisation’s TRIPS Agreement. As eastern and southern African countries increasingly focus on local pharmaceutical production and south-south co-operation as vehicles for treatment sustainability, this thesis examines the extent to which public health related flexibilities present in the TRIPS Agreement can be used to as enablers of affordable treatment, both in domestic intellectual property legislation, and relevant regional platforms. The thesis undertakes case studies of the policy and legislative environment in two countries with very different profiles: The United Republic of Tanzania as a least developed country with a nascent local pharmaceutical manufacturing industry and South Africa, as the country with the largest pharmaceutical industry on the continent present the full range of country profiles in the region. Conclusions are drawn regarding the optimization of legislative and policy frameworks to facilitate both the importation and local production of health technologies. Finally, the thesis explores challenges and opportunities facing various south-south co-operation initiatives in the region.