Controlling biological subject matter: Genetic Use Restriction Technologies and
Intellectual Property
Intellectual Property law has long been grappling with one of the defining traits of
biological subject matter: namely, that an intrinsic feature of living organisms is the
ability to self-reproduce. Over time various techniques have been used to regulate the
natural copying mechanisms intrinsic to living organisms. These have included legal
regimes such as plant variety rights schemes and patent protection, and contacts.
Biological remedies, notably, hybridisation, have also been used to control and protect
investments made in breeding.
In this paper, I will explore some of the latest tools used to protect biological subject
matter: the so-called genetic use restriction technologies (GURTs). After looking
briefly at some of the key features and functions of GURTs, I will explore the
challenges that GURTs pose to existing legal regimes designed to regulate plant
intellectual property. I will conclude by considering what criteria should be used to
assess the impact of GURTs and thus how they might best be regulated.