Most of the current existing plants are the result of an adaptation of plants to various factors, especially the environment, of course, there are small portions of species or cultivar plants produced by humans. This evolutionary and adaptation process results in various species of plants growing only in certain geographic environments, where could be owned by certain countries based on the territory. A country where certain plants have grown may claim that this particular endemic plant belongs to the concerned country. Please give an opinion, whether this claim can be justified or not? Is DNA barcoding needed to be legal evidence to support the claim concerning those certain plants?
There is legal precedent of owning certain cultivars or genetically modified organisms (see the way that for example Monsanto conducts business). However, this only applies to the very specific patented version of this modified organism, not to the species from which it was modified.
It does not make sense in any way to own a species, even if it is endemic. Lets say that a country somehow, for some strange reason gets a patent or ownership of an endemic species. If an astronomic event occurs and endemic species becomes invasive in another country, would this country claim ownership too? If they were not allowed to claim ownership, would they have to remove all the invasive species otherwise receive some sort of fine until they do? It turns into nonsense the more you think about such a scenario.
In the end it will depend on the legal system within the country and how much other countries would respect such a law and system. You could potentially pass a law in your country saying that you own another country and that it is your territory, however no other nation on the planet would respect such a law, hence there would be no repercussions or actions taken to uphold such a law.
Andrew Paul McKenzie Pegman
Thank you verry much, please give me more explanation and detail reason according to your knolwdge and experience background.
It is a very important step, if implemented in India. There are more duplicacy in the variety exist in the country.
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