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Author: Charles R. McManis
Publisher: Earthscan
ISBN: 1849770573
Category : Law
Languages : en
Pages : 521
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Book Description
How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.
Author: Sarah A. Laird
Publisher: Routledge
ISBN: 1136534601
Category : Business & Economics
Languages : en
Pages : 537
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Book Description
Biodiversity research and prospecting are long-standing activities taking place in a new legal and ethical environment. Following entry into force of the Convention on Biological Diversity in 1993, and other recent policy developments, expectations and obligations for research and prospecting partnerships have changed. However, to date there are few guides to integrating these concepts with practice. This book offers practical guidance on how to arrive at equitable biodiversity research and prospecting partnerships. Drawing on experience and lessons learned from around the world, it provides case studies, analysis and recommendations in a range of areas that together form a new framework for creating equity in these partnerships. They include researcher codes of ethics, institutional policies, community research agreements, the design of more effective commercial partnerships and biodiversity prospecting contracts, the drafting and implementation of national 'access and benefit-sharing' laws, and institutional tools for the distribution of financial benefits. As part of the People and Plants initiative to enhance the role of communities in efforts to conserve biodiversity and use natural resources sustainably, Biodiversity and Traditional Knowledge will be invaluable to students, researchers and local communities, academic institutions, international agencies, government bodies and companies involved in biodiversity research, prospecting and conservation.
Author: Graham Dutfield
Publisher: Earthscan
ISBN: 1849776237
Category : Law
Languages : en
Pages : 240
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Book Description
This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.
Author: Tania Bubela
Publisher: Edward Elgar Publishing
ISBN: 1781002622
Category : Science
Languages : en
Pages : 393
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Book Description
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.
Author: Rachel Wynberg
Publisher: Springer Science & Business Media
ISBN: 9048131235
Category : Law
Languages : en
Pages : 375
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Book Description
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.
Author: Ikechi Mgbeoji
Publisher: UBC Press
ISBN: 0774840250
Category : Technology & Engineering
Languages : en
Pages : 335
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Book Description
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as "folk knowledge" or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.
Author: Charles R. McManis
Publisher: Earthscan
ISBN: 1849770573
Category : Law
Languages : en
Pages : 521
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Book Description
How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.
Author: Wipo
Publisher: World Intellectual Property Organization
ISBN: 9789280535600
Category :
Languages : en
Pages : 0
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Book Description
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.
Author: Paul Kuruk
Publisher: Edward Elgar Publishing
ISBN: 1785368486
Category : Law
Languages : en
Pages : 613
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Book Description
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.
Author: Jonathan Curci
Publisher: Cambridge University Press
ISBN: 0521199441
Category : Law
Languages : en
Pages : 361
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Book Description
Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
Author: Vandana Shiva
Publisher: Palgrave Macmillan
ISBN: 9781856492188
Category : Business & Economics
Languages : en
Pages : 190
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Book Description
Vandana Shiva has established herself as a leading independent thinker and voice for the South in that critically important nexus where questions of development strategy, the environment and the posititon of women in society coincide. In this new volume, she brings together her thinking on the protection of biodiversity, the implications of biotechnology, and the consequences for agriculture of the global pre-eminence of Western-style scientific knowledge. In lucid and accessible fashion, she examines the current threats to the planet's biodiversity and the environmental and human consequences of its erosion and replacement by monocultural production. She shows how the new Biodiversity Convention has been gravely undermined by a mixture of diplomatic dilution during the process of negotiation and Northern hi-tech interests making money out of the new biotechnologies. She explains what these technologies involve and gives examples of their impact in practice. She questions their claims to improving natural species for the good of all and highlights the ethical and environmental problems posed. Underlying her arguments is the view that the North's particular approach to scientific understanding has led to a system of monoculture in agriculture - a model that is not being foisted on the South, displacing its societies' ecologically sounder, indigenous and age-old experiences of truly sustainable food cultivation, forest management and animal husbandry. This rapidly accelerating process of technology and system transfer is impoverishing huge numbers of people, disrupting the social systems that provide them with security and dignity, and will ultimately result in a sterile planet in both North and South, In a policy intervention of potentially great significance, she calls instead for a halt, at international as well as local level, to the aid and market incentives to both large-scale destruction of habitats where biodiversity thrives and the introduction of centralised, homogenous systems of cultivation.
