Genetic Resources, Traditional Knowledge and the Law

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Author :
Publisher : Earthscan
ISBN 13 : 1849770093
Total Pages : 529 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Genetic Resources, Traditional Knowledge and the Law by : Evanson C. Kamau

Download or read book Genetic Resources, Traditional Knowledge and the Law written by Evanson C. Kamau and published by Earthscan. This book was released on 2009 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD).

Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000730077
Total Pages : 247 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge by : Charles Lawson

Download or read book Access and Benefit Sharing of Genetic Resources, Information and Traditional Knowledge written by Charles Lawson and published by Taylor & Francis. This book was released on 2022-10-14 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.

Genetic Resources and Traditional Knowledge

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002622
Total Pages : 393 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Genetic Resources and Traditional Knowledge by : Tania Bubela

Download or read book Genetic Resources and Traditional Knowledge written by Tania Bubela and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to the Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests – through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada – that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policymakers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource.

Unraveling the Nagoya Protocol

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004217185
Total Pages : 443 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Unraveling the Nagoya Protocol by : Elisa Morgera

Download or read book Unraveling the Nagoya Protocol written by Elisa Morgera and published by Martinus Nijhoff Publishers. This book was released on 2014-07-25 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.

Biodiversity, Genetic Resources and Intellectual Property

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Author :
Publisher : Routledge
ISBN 13 : 1351580337
Total Pages : 262 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Biodiversity, Genetic Resources and Intellectual Property by : Kamalesh Adhikari

Download or read book Biodiversity, Genetic Resources and Intellectual Property written by Kamalesh Adhikari and published by Routledge. This book was released on 2018-03-09 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing

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Author :
Publisher : IUCN
ISBN 13 : 2831715296
Total Pages : 395 pages
Book Rating : 4.8/5 (317 download)

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Book Synopsis An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing by : Thomas Greiber

Download or read book An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing written by Thomas Greiber and published by IUCN. This book was released on 2012 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

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Author :
Publisher : WIPO
ISBN 13 : 9280525875
Total Pages : 56 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions by : World Intellectual Property Organization

Download or read book Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-07-08 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

Implementing the Nagoya Protocol

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Publisher : Hotei Publishing
ISBN 13 : 9004293213
Total Pages : 434 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Implementing the Nagoya Protocol by : Brendan Coolsaet

Download or read book Implementing the Nagoya Protocol written by Brendan Coolsaet and published by Hotei Publishing. This book was released on 2015-04-23 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU.

Research and Development on Genetic Resources

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Author :
Publisher : Routledge
ISBN 13 : 1317511174
Total Pages : 418 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Research and Development on Genetic Resources by : Evanson Chege Kamau

Download or read book Research and Development on Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2015-06-05 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: National implementation of the Convention on Biological Diversity (CBD) provisions has yielded enough challenges for providers and users of genetic resources and associated traditional knowledge alike. The Nagoya Protocal brings novel ideas for resolving the challenges plaguing the Access and Benefit-Sharing (ABS) process in general and non-commercial research in particular. This is one of the first books to address research cooperation and facilitated access for non-commercial biodiversity research. It uniquely offers concrete and practicable solutions based on experiences of researchers and administrative officials with ABS, and on the interpretation of the Nagoya Protocol on how free and lively taxonomic research can be ensured while at the same time observing obligations of obtaining prior informed consent and sharing of benefits. This book will be useful to students of International Environmental Law, International Biodiversity Law, Intellectual Property Law, Climate Law and Law of Indigenous Populations. With foreword from Executive Secretary CBD, Braulio Ferreira de Souza Dias.

Stakeholder Participation in Policy on Access to Genetic Resources,Traditional Knowledge and Benefit-Sharing

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Author :
Publisher : IIED
ISBN 13 : 1843692147
Total Pages : 34 pages
Book Rating : 4.8/5 (436 download)

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Book Synopsis Stakeholder Participation in Policy on Access to Genetic Resources,Traditional Knowledge and Benefit-Sharing by : Krystyna Swiderska

Download or read book Stakeholder Participation in Policy on Access to Genetic Resources,Traditional Knowledge and Benefit-Sharing written by Krystyna Swiderska and published by IIED. This book was released on 2001 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Survey of access and benefit-sharing country measures accommodating the distinctive features of genetic resources for food and agriculture and associated traditional knowledge

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Publisher : Food & Agriculture Org.
ISBN 13 : 9251348774
Total Pages : 92 pages
Book Rating : 4.2/5 (513 download)

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Book Synopsis Survey of access and benefit-sharing country measures accommodating the distinctive features of genetic resources for food and agriculture and associated traditional knowledge by : Food and Agriculture Organization of the United Nations

Download or read book Survey of access and benefit-sharing country measures accommodating the distinctive features of genetic resources for food and agriculture and associated traditional knowledge written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2021-09-01 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commission on Genetic Resources for Food and Agriculture, at its Seventeenth Regular Session, requested its Secretary to prepare for review by the intergovernmental technical working groups on animal, aquatic, forest and plant genetic resources to produce an up-to-date survey of existing legislative, administrative and policy approaches, including best practices, for ABS for the different subsectors of GRFA and traditional knowledge associated with GRFA held by indigenous peoples and local communities, with the aim of identifying typical approaches and lessons learned from their implementation, as well as challenges and possible solutions. The current survey comprises a baseline desktop review of legislation, policy and literature. It provides a review of how countries address the distinctive features of GRFA and TKGRFA based on the letter of their ABS legislative, administrative and policy measures rather than on how these measures have been implemented in practice. It therefore does not provide an analysis of the state of implementation, the challenges involved and possible solutions to these challenges. As such, it aims to provide a basis for future empirical research on how ABS measures work in practice for GRFA subsectors. A specific objective is to provide a typology of legislative, administrative and policy measures applying to ABS for GRFA and TKGRFA.

Access and Benefit Sharing from Genetic Resources and Associated Traditional Knowledge

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Author :
Publisher :
ISBN 13 : 9789291151158
Total Pages : 190 pages
Book Rating : 4.1/5 (511 download)

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Book Synopsis Access and Benefit Sharing from Genetic Resources and Associated Traditional Knowledge by : Krishna Prasad Oli

Download or read book Access and Benefit Sharing from Genetic Resources and Associated Traditional Knowledge written by Krishna Prasad Oli and published by . This book was released on 2009 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368486
Total Pages : 582 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property by : Paul Kuruk

Download or read book Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property written by Paul Kuruk and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.

Protecting Traditional Knowledge

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Publisher : Routledge
ISBN 13 : 1317354850
Total Pages : 408 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Protecting Traditional Knowledge by : Daniel F. Robinson

Download or read book Protecting Traditional Knowledge written by Daniel F. Robinson and published by Routledge. This book was released on 2017-07-14 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.

Genetic Resources, Justice and Reconciliation

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108561551
Total Pages : pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis Genetic Resources, Justice and Reconciliation by : Chidi Oguamanam

Download or read book Genetic Resources, Justice and Reconciliation written by Chidi Oguamanam and published by Cambridge University Press. This book was released on 2018-12-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When the oral history of a medicinal plant as a genetic resource is used to develop a blockbuster drug, how is the contribution of indigenous peoples recognized in research and commercialization? What other ethical, legal, and policy issues come into play? Is it accurate for countries to self-identify as users or providers of genetic resources? This edited collection, which focuses on Canada, is the result of research conducted in partnership with indigenous peoples in that country, where melting permafrost and new sea lanes have opened the region's biodiversity, underscoring Canada's status as a user and provider of genetic resources and associated indigenous knowledge. This work is an important resource for scholars, corporations, indigenous peoples, policymakers, and concerned citizens as Canada and other countries take on the implementation of Access and Benefit Sharing policies over genetic resources and associated indigenous knowledge. This book is also available as Open Access.

The Custodians of Biodiversity

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Publisher : Routledge
ISBN 13 : 1136582177
Total Pages : 240 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis The Custodians of Biodiversity by : Manuel Ruiz

Download or read book The Custodians of Biodiversity written by Manuel Ruiz and published by Routledge. This book was released on 2012-03-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, local and indigenous approaches to conserving biodiversity, crop improvement, and managing precious natural resources are under threat. Many communities have to deal with 'biopiracy,' for example. As well, existing laws are usually unsuitable for protecting indigenous and traditional knowledge and for recognizing collective rights, such as in cases of participatory plant breeding, where farmers, researchers and others join forces to improve existing crop varieties or develop new ones, based on shared knowledge and resources. This book addresses these issues. It outlines the national and international policy processes that are currently underway to protect local genetic resources and related traditional knowledge and the challenges these initiatives have faced. In particular these themes are addressed within the context of the Convention of Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The authors broaden the policy and legal debates beyond the sphere of policy experts to include the knowledge-holders themselves. These are the 'custodians of biodiversity': farmers, herders and fishers in local communities. Their experience in sharing access and benefits to genetic resources is shown to be crucial for the development of effective national and international agreements. The book presents and analyzes this experience, including case studies from China, Cuba, Honduras, Jordan, Nepal, Peru and Syria. Copublished with the International Development Research Centre (IDRC).

Indigenous Peoples, Consent and Benefit Sharing

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9048131235
Total Pages : 363 pages
Book Rating : 4.0/5 (481 download)

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Book Synopsis Indigenous Peoples, Consent and Benefit Sharing by : Rachel Wynberg

Download or read book Indigenous Peoples, Consent and Benefit Sharing written by Rachel Wynberg and published by Springer Science & Business Media. This book was released on 2009-09-30 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.