Plant Diversity ›› 2009, Vol. 31 ›› Issue (S16): 103-109.

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Legal Issues Surrounding the Genetic Resource Conservation and Use of Edible Ectomycorrhizal Mushrooms

JONG Shung-Chang1, LIU Zi-Qiang2   

  1. 1 Consultant for Global Affairs, ATCC, 10801 University Blvd ., Manassas, VA 20110 - 2209 , USA; 2 Edible Fungi Chamber , China Chamber of Commerce for Impart and Export of Foodstuffs, Native Produce and Animal By-Products, 4􊄯F, Talent International Building, No. 80 Guangqumennei Street, Chongwen District , Beijing 10062 , China
  • Online:2009-12-25 Published:2009-12-25
  • Contact: JONG Shung-Chang

Abstract: Edible ectomycorrhizal mushrooms (EEMMs) have an enormous impact on biodiversity , global climate regulation, genetic resources as well as on global economic and social development. According to current trends in the development of intellectual property ( IP) mechanisms , the use or application of EEMM genetic resources may be judged as an IP right with legal protection granted by sovereign authority . Protection of IP and proprietary rights can enhance the genetic material being used and technology being developed , prevent others from patenting the invention , recoup investments, improve
trade, establish market position , preserve the identity, and generate revenues through forming strategic alliance, such as joint ventures , collaborative research agreements , joint research agreements, joint research and development agreements, manufacturing and distribution alliances, and cross-licensing arrangements. Various international agreements and treaties (such as CBD􊄯UNEP, TRIPS􊄯WTO, ITPGR􊄯FAO, GBIF􊄯OECD, Budapest Treaty􊄯WIPO) have brought together the complex issues of genetic resources and intellectual property. A number of bilateral and multilateral initiatives have been implemented to protect IP assets among the proposed users. All agreements are negotiated in a manner that is coherent with and mutually supportive of national and international laws, local customs, rules and regulations and implemented through collaborative
action by governments, appropriate organizations and professional societies, field collectors and their sponsors, and curators and users of EEMMgenetic materials. Lack of IP right protection will bar trade. The United States has granted favored-trading status only to those nations that meet rigid IP right protection standards .

Key words: Ectomycorrhizae

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