Genetic Resources, Equity and International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857934953
Total Pages : 335 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Genetic Resources, Equity and International Law by : Camena Guneratne

Download or read book Genetic Resources, Equity and International Law written by Camena Guneratne and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis book provides a clear analysis of the multi-level impacts of the existing international law regime related to genetic resources on developing countries. It does so through a cogent exposition of the different areas of the law pertaining to genetic resources that are relevant and impact on people's rights and livelihoods. Its focus on equity is a welcome addition to the literature.Õ Ð Philippe Cullet, University of London, UK ÔCamena GuneratneÕs thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic ÒcommonsÓ from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.Õ Ð Paul Martin, University of New England, Australia ÔThis is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.Õ Ð Alexander Gillespie, University of Waikato, New Zealand This book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements. In the current context of the global food crisis, the development and stability of national agricultural systems is an urgent concern, particularly among developing countries. This stability, and national food security, will potentially be threatened if these countries are unable to have free access to agricultural crop plants. This book analyses a range of international agreements including the recently adopted Nagoya Protocol and demonstrates that in their current implementation they favour private ownership of these resources rather than free access. The book takes the position that this is inherently inequitable and these resources should be maintained in the public domain. This book will be of use to a wide range of readers from students and scholars to those working in the fields of trade and intellectual property, human rights, environmental conservation and advocacy on international issues. It contains a rigorous legal analysis of current international law development on the issue based on the negotiations which have taken place in the relevant forums, and will therefore be particularly useful to lawyers and legal scholars. It is also written in an uncomplicated style which makes it readily accessible to non-lawyers and the case studies and empirical data used throughout the book adds to its interest.

Genetic Resources, Traditional Knowledge and the Law

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Author :
Publisher : Routledge
ISBN 13 : 1136574425
Total Pages : 530 pages
Book Rating : 4.1/5 (365 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 Routledge. This book was released on 2009-09-02 with total page 530 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). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

Agrobiodiversity and the Law

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Author :
Publisher : Routledge
ISBN 13 : 1136580026
Total Pages : 347 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Agrobiodiversity and the Law by : Juliana Santilli

Download or read book Agrobiodiversity and the Law written by Juliana Santilli and published by Routledge. This book was released on 2012-03-15 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide range of crop genetic resources is vital for future food security. Loss of agricultural biodiversity increases the risk of relying on a limited number of staple food crops. However, many laws, such as seed laws, plant varieties protection and access and benefit-sharing laws, have direct impacts on agrobiodiversity, and their effects have been severely underestimated by policy-makers. This is of concern not only to lawyers, but also to agronomists, biologists, and social scientists, all of whom need clear guidance as to the relevance of the law to their work. This book analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) – the diversity of agricultural species, varieties, and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability, and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including seeds laws, the International Convention for the Protection of New Varieties of Plants, plant breeders’ rights, the Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the ‘commons’ movement, and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes.

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.

Confronting Biopiracy

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Author :
Publisher : Routledge
ISBN 13 : 1136544127
Total Pages : 206 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Confronting Biopiracy by : Daniel Robinson

Download or read book Confronting Biopiracy written by Daniel Robinson and published by Routledge. This book was released on 2010-02-24 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Biopiracy' refers either to the unauthorised extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious 'inventions' based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date. The book synthesises the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.

Patents for Development

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785368613
Total Pages : 295 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Patents for Development by : Nefissa Chakroun

Download or read book Patents for Development written by Nefissa Chakroun and published by Edward Elgar Publishing. This book was released on 2016-05-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: When submitting patent applications, patentees are disclosing huge amounts of technical knowledge that can be utilised for development. This book investigates whether it is possible to execute the disclosed technologies just by reading the patent application. Nefissa Chakroun argues that while TRIPS Agreement obliges inventors to disclose full and complete disclosure, patent information users lack the capacity to fully utilise such information for their economic development. Scrutinising the disclosure and the development function of the patent system, the book offers a critical analysis of the disclosure requirements of the patent system and an in-depth examination of ways of accessing and retrieving patent information. Chakroun articulates proposals for strengthening the disclosure and methods for enhancing retrieval and exploitation of the technological knowledge, including an integrated policy on how patent information could be better utilised for development. A plea for patent information as a significant source for development, this book is not only a valuable contribution to the literature but designed for policymakers at international and national levels to address core issues related to the exploitation of patent information for incremental innovation.

Incentives for Global Public Health

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Publisher : Cambridge University Press
ISBN 13 : 1139487779
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Incentives for Global Public Health by : Thomas Pogge

Download or read book Incentives for Global Public Health written by Thomas Pogge and published by Cambridge University Press. This book was released on 2010-06-24 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This portrait of the global debate over patent law and access to essential medicines focuses on public health concerns about HIV/AIDS, malaria, tuberculosis, the SARS virus, influenza, and diseases of poverty. The essays explore the diplomatic negotiations and disputes in key international fora, such as the World Trade Organization, the World Health Organization and the World Intellectual Property Organization. Drawing upon international trade law, innovation policy, intellectual property law, health law, human rights and philosophy, the authors seek to canvass policy solutions which encourage and reward worthwhile pharmaceutical innovation while ensuring affordable access to advanced medicines. A number of creative policy options are critically assessed, including the development of a Health Impact Fund, prizes for medical innovation, the use of patent pools, open-source drug development and forms of 'creative capitalism'.

Bioresources and Bioprocess in Biotechnology

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Publisher : Springer
ISBN 13 : 9811035733
Total Pages : 447 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Bioresources and Bioprocess in Biotechnology by : Sabu Abdulhameed

Download or read book Bioresources and Bioprocess in Biotechnology written by Sabu Abdulhameed and published by Springer. This book was released on 2017-05-10 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of articles on various aspects of bioresources and the processes employed for its judicious utilization. Biodiversity and conservation, food security, gene banks and repositories, laws governing biodiversity, bioprospecting, bioresources in traditional medicine and biodiversity mining are some of the important topics covered in the book. The unique contents of the book make it an important source of information for conservation scientists, academics, activists and to those who are actively involved in product oriented research from bioresources.

Intellectual Property Protection and Sustainable Development

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Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intellectual Property Protection and Sustainable Development by : Philippe Cullet

Download or read book Intellectual Property Protection and Sustainable Development written by Philippe Cullet and published by . This book was released on 2005 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Yale Journal of International Law

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Publisher :
ISBN 13 :
Total Pages : 656 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis The Yale Journal of International Law by :

Download or read book The Yale Journal of International Law written by and published by . This book was released on 2004 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Property Regime of Biodiversity and Traditional Knowledge

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Author :
Publisher : Larcier
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Property Regime of Biodiversity and Traditional Knowledge by : Nicolas Brahy

Download or read book The Property Regime of Biodiversity and Traditional Knowledge written by Nicolas Brahy and published by Larcier. This book was released on 2008-02-19 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we simultaneously conserve biodiversity and use its components (genetic resources) to create new medicines and better seeds ? Signed in 1992, at the Eearth Summit in Rrio, the Convention on Biological Diversity answers this question by resorting to intellectual property rights on living material with the objective to create a market for genetic resources. Fifteen years later, we cannot but observe that biodiversity keeps eroding and that the proliferation of intellectual property rights hinders research and innovation on new medicines and seeds. Combining legal, economical and historical approaches, this book explains in simple terms how the Biodiversity Convention came into existence, and how the providing countries and bio-industries (pharmaceutical and seeds industry) are striving to implement it, and why the Convention and its project of a market for genetic resources do not work properly. The book, then, examines new orientations and suggests avenues for solutions. What makes this book different ? It puts the Convention on Biological Diversity back in the wider context of the organization of both innovation and conservation of nature. This approach highlights what is really at stake: • Financing innovation and conservation: what should be the distribution of tasks between the market and public funding ? • Coordinating the agents of conservation and innovation (providing countries, local communities, universities, firms, etc): what should be the distribution of tasks between the market and regulation ?

Providing Protection for Plant Genetic Resources:Patents, Sui Generis Systems, and Biopartnerships

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Author :
Publisher : Springer
ISBN 13 : 9789041188755
Total Pages : 0 pages
Book Rating : 4.1/5 (887 download)

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Book Synopsis Providing Protection for Plant Genetic Resources:Patents, Sui Generis Systems, and Biopartnerships by : Patricia Marin

Download or read book Providing Protection for Plant Genetic Resources:Patents, Sui Generis Systems, and Biopartnerships written by Patricia Marin and published by Springer. This book was released on 2002-03-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to show that the access to plant genetic resources and the compliance to the objectives of the Convention on Biological Diversity can only be realised in this biotechnological era the world is facing, through the balance of rights and duties of States and stakeholders. Specifically, this book suggests that the global partnership as professed in the United Nations Conference on Environment and Development, in 1992, has so far not been reached. It examines the possibility of achieving the global partnership though clear, fair, ethical, and equitable biopartnerships in, between, and among States. For this purpose, the author analyses international instruments and national laws dealing with patents, plant breeders' rights, farmers' rights, and sui generis protection and shows how they affect developing countries rich in biodiversity and traditional knowledge, such as Brazil. She raises awareness to problems derived from the patenting of genetic resources, plants, and traditional knowledge and presents sui generis alternatives proposed by different sectors of society in several countries. The book critically examines five biopartnerships of countries in four different continents. The author proposes measures to protect traditional knowledge and innovations and suggests in which indigenous peoples, traditional farmers, and developing countries may achieve an equitable share of benefits for their contribution in the development of new medicines, foods, etc.

Symposium

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Publisher :
ISBN 13 :
Total Pages : 862 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Symposium by :

Download or read book Symposium written by and published by . This book was released on 2009 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Book Publishing Record

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Publisher :
ISBN 13 :
Total Pages : 2744 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis American Book Publishing Record by :

Download or read book American Book Publishing Record written by and published by . This book was released on 2001 with total page 2744 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Industrial Property in the Bio-medical Age

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Author :
Publisher :
ISBN 13 : 9789041199263
Total Pages : 312 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Industrial Property in the Bio-medical Age by : Christopher Heath

Download or read book Industrial Property in the Bio-medical Age written by Christopher Heath and published by . This book was released on 2003 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The editors hereby present the papers of the second IP conference organized by the Macao Institute of European Studies (IEEM) on Intellectual Property Law and the Economic Challenges for Asia"--Pref.

Books In Print 2004-2005

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Publisher : R. R. Bowker
ISBN 13 : 9780835246422
Total Pages : 3274 pages
Book Rating : 4.2/5 (464 download)

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Book Synopsis Books In Print 2004-2005 by : Ed Bowker Staff

Download or read book Books In Print 2004-2005 written by Ed Bowker Staff and published by R. R. Bowker. This book was released on 2004 with total page 3274 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property and Traditional Knowledge

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Author :
Publisher : WIPO
ISBN 13 : 9280513664
Total Pages : 36 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Traditional Knowledge by : World Intellectual Property Organization

Download or read book Intellectual Property and Traditional Knowledge written by World Intellectual Property Organization and published by WIPO. This book was released on 2005 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.