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Issues of Intellectual Property Rightsand Biosafety in AsiaSutal SriwalanapongseDeputy DirectorNational Cenlerfor Genetic Engineering and Biolechnologr(BIOTECJAbstractIntellectual property rights (lPRs) as legal instruments are increasingly important in encouragingindustrial development and economic growth. The conclusion of the new General Agreement ofTariffs and Trade (GA11) in 1994 has obliged member states to stop unauthorized diffusion ofinnovations in a wide range of technological sectors including those of biotechnology. There has beenefforts in the movement toward a unified, global intellectual property rights among developedcountries. At the same lime developing countries are resisting, both formally in international fora andinformally through less-than-aggressive administration of their own intellectual property right (IPR)legislation. As a result. considerable international tension and animosity exist between mostde eloping countries and many developed countries.Recent multilateral and bilateral negotiations and agreements have brought to the forefrontseveral issues related to intellectual property protection in agriculture. Member countries of the WorldTrad Organization (WTO) are obliged to establish a legal system that effectively protects intellectualproperty in plant breeding, for an example. The plant variety protection (PYP) system has beenpr posed a. al option. The system. however, has basically been developed in industrialized countriesand few questi ns still remain to be answered. Will such a system also be useful in less developedcountries? What is needed to establish such a system, how will it affect the agricultural sector, andhow will it affect the conservation of plant genetic resources? The system seems to give protectiononly to the new varieties. How about the old, traditional varieties?Few countries in Asia, Thailand inclUded. have tried to develop their PYP system with the abovequestions in mind. The main principle is to have the protection of new varieties similar to the DPOYsystem. The old. traditional varieties and the wild plant species should be protected under othersystems such as the sui generis system.At present, biotechnology has been rapidly developed with potential use in improvingproductivity in agriculture as well as in other industrial sectors. The improvement of plant varietiesusing NA technology - genetic engineering could lead to the development of new plants with novelgenes that could not be accomplished through traditional breeding. However, the transgenic plantsmay pose possible adverse effects on human health and environment and biosafety has been animportant issue in the Convention on Biological Diversity. Thailand has joined other countries in theregion developing its own biosafety guidelines.It is quite crucial that an intellectual property system be established in order to stimulate moreresearch and development. At the same time the biosafety issues should be taken into consideration inits development.IntroductionAt present each nation in Asia is having economic crisis and in the stage of restructuring itseconomy based on capacity building. It is realized that the economic health of the nations and thecompetitiveness of firms is determined largely by the ability to develop, commercialize and mostimportantly, to capture the economic benefits from scientific and technological innovations.Intellectual property rights (IPRs) as legal instruments are, therefore. increasingly important inencouraging industrial development and economic growth.Intellectual property protection has been internationally strengthened by the conclusion of the