The relevance of international patent and plant breeder's rights protection systems to Kenya as a developing country: Myth or reality

This thesis evaluates the pertinence to Kenya of the principles and standards of the TRIPS Agreement in the creation of local innovative and adaptive research capabilities. It also examines the suitability of the UPOV criteria for protection of new plant varieties to enhancing inventiveness in Kenya.;The UPOV Convention and the TRIPS Agreement inaugurate comprehensive principles and standards for international patent and plant breeder's rights protection that have altered the scope of access to technology by developing countries. The TRIPS requirement that new plant varieties must be protected either by patent or an effective sui generis system makes it hard to divorce international patentability from the protection of plant breeder's rights. This difficulty invites a consideration of how plant breeder's rights should be recognized and protected internationally. It also solicits an analysis of the question of ownership of plant genetic resources.;The proposition advanced in this study is that while the UPOV Convention inaugurates principles and standards that condone the uncompensated extraction of plant genetic resources from Kenya to developed countries, the TRIPs Agreement accords foreign enterprises preferential patent protection in Kenya.;This thesis concludes by making an equitable case for the commodification of plant genetic resources and proposes the conferral of ensuing proprietary rights upon groups and communities. A finding is made that the principles and standards inaugurated by the UPOV Convention and the TRIPs Agreement represent a strong emphasis on private rights and a weak recognition of the social obligations of patentees and holders of plant breeder's rights. The principles also depict a limited role for public interest and institute a non-viable public domain in international patentability.