You are an agricultural botanist working in the mountains of a developing nation

Question

You are an agricultural botanist working in the mountains of a developing nation where you find a variety of a grain growing locally that is used for food. You collect some seeds to bring home with you. You discover that this particular variety of grain could be crossed with other existing varieties or genetically engineered to create an economically valuable "super grain". Who owns that grain’s germplasm? How do you respond to those who may call you a "biopirate"? What obligations, if any, do you have to share your findings or any money you make with the local community where you obtained the seed?

Explanation / Answer

Any indigenous crop falls under the protective intellectual property right of a nation. However, they do not own the germplasm unless they have trademarked or patented it. Without any legal claim on the grain, it is free to be used by anyone. The user may, however, share the money with the local community after the engineered grain is marketed.

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