Regulating access and use of genetic resources: Intellectual property law and biodiscovery

Reviews the draft Environment Protection and Biodiversity Conservation Amendment Regulations 2001, formulated to protect biological resources in Australia and ensure that the community benefits from scientific research into flora and fauna, under which Environment Australia will issue permits for commercial and non commercial research. Criticises the Regulations for failing to provide a remedy against third parties who obtain biological material indirectly from permit holders or unlicensed operators. Discusses whether compliance with the permit system should be made a condition for patenting biotechnological inventions. Compares the European Parliament and Council Directive 98/44 on the legal protection of biotechnological inventions, which recommends that patent applicants should disclose the geographical origin of the biological material on which their inventions are based