What remains then, after the critique, is to make recommendations on a way--or ways--forward. These cover the explicit themes of this paper--the relation between biotechnology and intellectual property and between biotechnology and regulation --but begin with the conclusion of the last section: the need for diversified and decentralized decision-making.
Public participation and decision making
There is a growing trend worldwide for the accountability of governmental and intergovernmental institutions at all levels--local, national, regional and global. It is this movement that will ensure equitable and sustainable systems of living.
Bio-safety protocol to the CBD
The CBD provides a unique ecological context for the development of comprehensive, meaningful and effective regulation of biotechnology. The actual and potential risks of unregulated transfer, handling and use of GEOs warrants the immediate development of a bio-safety protocol to the CBD.
"PIC-NIC" principle
First used by the Rural Advancement Foundation International, "PIC-NIC" is an acronym for "prior informed consent - no intent to consent." This means that countries and communities have both the right to full disclosure of the aims, methods and products that biotechnology companies seek to promulgate, and the right to prohibit such activities if they have not given their explicit permission. This principle should be incorporated in any international regulation of biotechnology.
Right of countries not to patent life forms
According to their own environmental and socio-economic needs, countries should have the right to protect life forms from patenting--without fear of punitive economic sanctions.
Support for the renegotiation of the IUPGR
The IUPGR represents one of the few forums where Third World countries can develop their policies on the protection of genetic resources. Given the importance of plant genetic resources to these countries and the risks that biotechnology poses to them, bolstering the IUPGR is a necessary countermeasure to the probable effects of international trade and IPR agreements. Incorporation of the IUPGR as a protocol to the CBD would be a step toward protecting the traditional rights of farmers throughout the world.
International panel on environment and trade
All interested parties should establish an international panel to consider the relationship between existing trade and environmental agreements, both binding and non-binding. Participants should include representatives of non-governmental organizations, governments, intergovernmental organizations, industries and--crucially--indigenous and local communities.
Development of traditional resource rights/community intellectual property rights
An international forum should be established for the further development of "traditional resources rights" (Posey 1994b) or "community intellectual property rights" (Crucible Group 1994), or both, of indigenous and local communities. It should recognize the process of invention and the historical and social investment in land and biological resources among these groups. Starting points for discussion might be the ILO Conventions 107 and 169 and the UN Resolution on the Rights of Indigenous Peoples.
Support for land tenure rights
The effective protection of the rights of indigenous and local communities will depend a great deal on their securing their link to traditional lands and resources.