Reconciliation of proprietary interests in genetic and knowledge resources: Hurry cautiously!

The particular focus of the seminar 'Governance of biodiversity as a global public good: Bioprospection, Intellectual Property Rights and Traditional Knowledge' was an inquiry into new requirements for regulation of bioprospecting activities. These new requirements could relate to the implementation of a legal regime of access and benefit sharing in regard of traditional knowledge and genetic resources. In this article, the resources of biotechnological innovation and the variety of participants therein are inquired briefly. Also, the workings of patent law are described. From time to time, debates seem to become flawed because of miscomprehensions deriving from the multidisciplinary perspectives on the topics concerned. These misunderstandings also arise with respect to the workings of the applicable patent and other proprietary regimes. A detailed analysis of those workings should provide the necessary basis for further legal analysis. From that basis, some of the initiatives revolving around the concept of access and benefit sharing are discussed, as well as the related attempts to draft new types of intellectual property, particularly tailored to the character of traditional knowledge and the needs of its holders. The appropriateness of these initiatives is analyzed, both from a practical and a dogmatic point of view. It will be concluded that the initiatives presently unfolded are inappropriate for reconciliation of the various interests involved. They may lead to an intellectual property chaos for both dogmatic and practical reasons. However, there are possibilities to move forward in this highly dynamic and diverse field of study. Finally, suggestions on how one could turn into new directions and move forward will be set forth.