Intellectual property and the governance of plant genetic resources in mexico: Trends and implications for research and innovation

Abstract

This chapter explores how the regulation of plant genetic resources intersects with legal regimes granting intellectual property rights in Mexico. Our analysis is directed towards addressing the argument that regimes governing access to plant genetic resources and the sharing of benefits derived from their commercial exploitation could discourage research and innovation in fields that rely on such resources as inputs. To engage with this critique, we examine the relationship between plant genetic resources and intellectual property, because trends in intellectual property protection may elucidate research and innovation dynamics. Our findings surrounding applications for patents and plant breeders’ rights in Mexico indicate that intellectual property activity related to plant genetic resources can intensify even as new frameworks for the governance of these resources are designed and popularized. However, it is important to note that it is still unknown whether the implementation of a national regime based on the Nagoya Protocol in Mexico might impact the activities of users and providers of genetic resources, including in relation to intellectual property protection.