Intellectual Property, Biogenetic Resources and Traditional KnowledgeBiogenetic 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. |
Contents
The commercial importance of biogenetic resources and traditional | 18 |
National Sovereignty Benefit Sharing and | 45 |
6 | 60 |
Copyright | |
14 other sections not shown
Other editions - View all
Intellectual Property, Biogenetic Resources and Traditional Knowledge Graham Dutfield Limited preview - 2010 |
Intellectual Property, Biogenetic Resources, and Traditional Knowledge Graham Dutfield Limited preview - 2010 |
Intellectual Property, Biogenetic Resources and Traditional Knowledge Graham Dutfield Limited preview - 2010 |
Common terms and phrases
access to genetic African Article basmati benefit sharing biodiversity biogenetic resources Biological Diversity biological resources biopiracy bioprospecting biotechnology breeding Centre Chapter commercial communities companies conservation and sustainable Convention on Biological crops cultivation cultural Darjeeling tea derived developing countries domestic drugs economic encourage ensure Environment Environmental exist export farmers firms food and agriculture food security foreign generis system germplasm implement important increase India indigenous innovations and practices institutions intangible components Intellectual Property Rights International inventions IPR protection IPR regime issue Kenya landraces legislation medicinal plants Nairobi natural products organizations patent law patent system pharmaceutical plant breeders Plant Genetic Resources plant variety protection potential prior informed consent private sector processes quinoa regulations scientific species stakeholders sui generis technology transfer TK-holders TNCs trade marks traditional knowledge TRIPS Agreement UPOV WIPO World World Trade Organization