HC Deb 09 March 1999 vol 327 c145W
Mr. Baker

To ask the Secretary of State for International Development what assessment she has made of the implications for poorer countries of the patents granted within the United States on(a) quinoa, (b) the neem tree, (c) j'oublie and (d) basmati. [74847]

Clare Short

We have made no assessment of the implications for developing countries of the patents granted for quinoa, the neem tree, j'oublie and basmati by the United States.

Patents can have only national effects and as such are effective only against acts within the jurisdiction concerned, in these cases the US. They have no power elsewhere. The owner of a patent can prevent the use of the protected material by others within the state concerned, including imports based on the protected technology.

Patents can protect only new technology, not natural discoveries nor existing technology and can be challenged in the courts where they are invalid.

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