Inventors and Intellectual Property in Agriculture

Abstract

"The traditional legal notion of public property is: that which is in the public domain or is subject to public trust, res nullis (things without an owner) and res communis (things belonging to all). In particular, the air, the sea and outer space have historically been considered as res communis - incapable of individual ownership, and therefore inappropriable, indivisible, imprescriptible and inalienable.

"Traditionally, plants and animals were considered as res nullis, appropriable by all and susceptible to destruction. This mandated their protection and management in the common interest.

"The common factors are that: utilization must be peaceful, access must be open to those who have that right who, in turn, must respect the rights of others; sharing must be equal; and owing to its indivisible character, administration of that which is res nullis must be in the interest of the common welfare."