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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: 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: Crucible Group
Publisher: IDRC
ISBN: 0889367256
Category : Biodiversity
Languages : en
Pages : 142
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Book Description
People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society
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:
Publisher:
ISBN:
Category :
Languages : en
Pages : 211
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Book Description
Linkages between intellectual property, biotechnology, and the conservation of biological diversity rose to prominence in the late 1980s and early 1990s. Three simultaneous international negotiation processes all impacted on this rise: the Convention on Biological Diversity, the Trade Related Aspects of Intellectual Property Agreement (TRIPS), and the negotiations on plant genetic resources for food and agriculture in the Food & Agriculture Organization and the International Union for the Protection of Plant Varieties. This report reviews the literature on the interrelationship of the three elements of intellectual property, biotechnology, and biodiversity conservation as reflected in those international processes. The introductory material includes discussion of the meaning of biodiversity and its role in modern life, the development of biodiversity issues prior to 1992, and underlying concepts of biodiversity, biotechnology, and intellectual property rights (IPR). Part 3 reviews the three international agreements impacting on the IPR/biotechnology/biodiversity link, discussing such issues as IPR and indigenous peoples, access to plant genetic resources, and patenting of life forms. Part 4 reviews approaches to valuation of the biotechnology/biodiversity linkage, including economic and non-economic aspects. The final part discusses some alternative models for developing biodiversity, biotechnology, and intellectual property linkages such as bio-prospecting contracts, models for protecting and rewarding indigenous and traditional knowledge, and international biodiversity funds. Appendices include an international code of conduct for plant germplasm collecting and transfer and a draft contract for biodiversity prospecting.
Author: Graham Dutfield
Publisher: Routledge
ISBN: 1351927132
Category : Law
Languages : en
Pages : 301
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Book Description
This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.
Author: Howard Mann
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Linkages between intellectual property, biotechnology, and the conservation of biological diversity rose to prominence in the late 1980s and early 1990s. Three simultaneous international negotiation processes all impacted on this rise: the Convention on Biological Diversity, the Trade Related Aspects of Intellectual Property Agreement (TRIPS), and the negotiations on plant genetic resources for food and agriculture in the Food & Agriculture Organization and the International Union for the Protection of Plant Varieties. This report reviews the literature on the interrelationship of the three elements of intellectual property, biotechnology, and biodiversity conservation as reflected in those international processes. The introductory material includes discussion of the meaning of biodiversity and its role in modern life, the development of biodiversity issues prior to 1992, and underlying concepts of biodiversity, biotechnology, and intellectual property rights (IPR). Part 3 reviews the three international agreements impacting on the IPR/biotechnology/biodiversity link, discussing such issues as IPR and indigenous peoples, access to plant genetic resources, and patenting of life forms. Part 4 reviews approaches to valuation of the biotechnology/biodiversity linkage, including economic and non-economic aspects. The final part discusses some alternative models for developing biodiversity, biotechnology, and intellectual property linkages such as bio-prospecting contracts, models for protecting and rewarding indigenous and traditional knowledge, and international biodiversity funds. Appendices include an international code of conduct for plant germplasm collecting and transfer and a draft contract for biodiversity prospecting.
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: William H. Lesser
Publisher:
ISBN:
Category : Biodiversity conservation
Languages : en
Pages : 30
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Book Description
Author: Michelangelo Temmerman
Publisher: Kluwer Law International B.V.
ISBN: 9041142878
Category : Law
Languages : en
Pages : 328
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Book Description
Biotechnology is at the heart of heated debates about ethics, safety, economic development, and about the control over the biological materials and technologies used. The latter, grossly called biodiversity issues relating to the application of intellectual property, has been the subject of a wealth of literature. Yet, the situation of animal genetic resources specifically has only marginally been addressed so far. Many books and articles address ‘biotechnology and agriculture’, but have only plants and seeds in mind. Case-law and specific regulation is equally scarce. Exacerbated by the so-called ‘erosion of animal genetic resources’, climate change, the globalization of the market-place, and a strong concentration of markets, animal genetic resources however demand specific analysis and adjustments in intellectual property law. The decoupling of rights over animal genetic resources as an abstract concept, from those over the concrete animals is a fact today. The application of patents in this context became a full-fledged part of the management of animal genetic resources. This monograph analyzes against this background the impact of the patent system on ownership traditions in agriculture, on animal welfare, and on biodiversity. It looks at how those factors in turn are likely to affect the shape of patent law, and how they should affect it. The author hereby focuses on important specific issues arising, including the following: the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions; the continuing applicability of trademarks, geographical indications, copyright, and trade secrets; patentability rules and exclusions; the extension of patent rights over progeny; the meaning of ‘essentially biotechnological processes’; the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare; and the future of international patent law in the context of global governance theories. With detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter, the book highlights unresolved issues in the laws dealing with animal genetic resources. How do the usual principles of patent law affect ownership over animals in agriculture? To what extent is patent law in accordance with neighbouring fields of regulation, with relation to animal welfare? How can intellectual property be used to alter, stimulate, or tackle developments in the realm of the conservation and promotion of biodiversity? Questions like these are asked, checked upon the more technical country studies; and then used to put to test the adequacy of international patent regulation in a final chapter. As a deeply informed overview of the arguments and discussion points, this is the only book of its kind. It links general discussions to the often technical and complicated patent regulations, in the specific context of animal genetic resources. It is sure to bring lawyers in the field closer to the policy debates; and decision makers closer to the precise idiosyncrasies of patent law.
Author: Graham Dutfield
Publisher: Routledge
ISBN: 1136536272
Category : Nature
Languages : en
Pages : 277
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Book Description
Biogenetic resources - the critical biological and chemical materials that underpin so much of medicine, both modern and traditional, agriculture, and wider economic activity in so many fields - are at the centre of heated debate regarding their use, development, and ownership, and the issues of ethics and equity that impinge on all of these factors. This book is a comprehensive examination of the key issues, institutions and ideologies in this area, presenting definitions and explanations of the fundamentals of intellectual property rights (IPRs), biogenetic resources and traditional knowledge. It uses the insights from this to build a picture of how these factors interact in practice, bringing to the surface issues such as: the conservation and sustainable use of biodiversity, benefit sharing from the commercial use of biodiversity, biotechnological innovation and the transfer of technology, agriculture, food security, rural development, health and international justice. Part 1 describes the relevant international IPR laws, highlights the extent to which modern commerce depends on such resources, and traces the way in which modern IPR law has evolved to accommodate this dependence. Part 2 shows how stronger IPR protection in the area of life science innovation has given rise to controversies such as 'biopiracy', 'terminator' genes and genetic uniformity. Part 3 focuses on traditional knowledge, its nature, its importance, and the applicability of IPR-style protection. Part 4 covers the international negotiation and policy-making of the WTO, WIPO and CBD and the legislative initiatives of national governments of Asia, Africa and Latin America. Finally, Part 5 focuses on two developing country case studies - of India and Kenya - assessing whether they will be able to gain economic benefit from development of their natural resources within the current regulatory system and whether this will encourage the conservation and sustainable use of the resource base. With its multidisciplinary approach and breadth of coverage, this book will appeal both to those new to the subject and to those with professional and specialist interest, including students, academics, legal practitioners, government policy-makers and the private sector.
