Indigenous Peoples Consent And Benefit Sharing
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Indigenous Peoples Consent And Benefit Sharing
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Author : Rachel Wynberg
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-09-30
Indigenous Peoples Consent And Benefit Sharing written by Rachel Wynberg and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-30 with Law categories.
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.
Indigenous Governance Of Traditional Knowledge
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Author : Neva Collings
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-17
Indigenous Governance Of Traditional Knowledge written by Neva Collings and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-17 with Law categories.
This book addresses the issue of Indigenous peoples' participation in genetic resource access and benefit-sharing and associated traditional knowledge for self-determination. Genetic resources from nature are increasingly used in global biodiscovery research and development, but they often use Indigenous peoples’ traditional knowledge without their consent and without sharing the benefit. The Nagoya Protocol is an instrument of the Convention on Biological Diversity intended to ensure Indigenous peoples’ traditional knowledge is used with their prior and informed consent or approval and entails benefit-sharing on mutually agreed terms. Many countries with significant Indigenous populations have signed the Nagoya Protocol and are currently grappling with implementation of its provisions. This book takes up a case study of Australia to demonstrate how Indigenous community governance in settler states can serve as a path to implementing the Nagoya Protocol. Australia’s access and benefitsharing framework is globally hailed as best practice, offering lessons for other countries implementing the Nagoya Protocol. Focusing on two Indigenous community organisations in Australia, the book establishes a unique evaluative framework for analysing and differentiating the governance arrangements used by Indigenous communities for facilitating decision-making related to traditional knowledge. This book will appeal to scholars working in the areas of international environmental law, human rights, biotechnology law, and Indigenous legal issues; as well as those directly engaged in implementing access and benefit-sharing measures and developing law reform strategies.
Indigenous Heritage And Intellectual Property
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Author : Silke von Lewinski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-03-28
Indigenous Heritage And Intellectual Property written by Silke von Lewinski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-28 with Law categories.
For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Protecting Traditional Knowledge
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Author : Evana Wright
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-03-28
Protecting Traditional Knowledge written by Evana Wright and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-28 with Law categories.
Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.
Genetic Resources And Traditional Knowledge
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Author : Tania Bubela
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Genetic Resources And Traditional Knowledge written by Tania Bubela and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Science categories.
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.
Incorporating Indigenous Rights In The International Regime On Biodiversity Protection
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Author : Federica Cittadino
language : en
Publisher: BRILL
Release Date : 2019-08-12
Incorporating Indigenous Rights In The International Regime On Biodiversity Protection written by Federica Cittadino and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-12 with Law categories.
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.
The 2010 Nagoya Protocol On Access And Benefit Sharing In Perspective
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Author : Elisa Morgera
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-21
The 2010 Nagoya Protocol On Access And Benefit Sharing In Perspective written by Elisa Morgera and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-21 with Law categories.
The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective analyses the implications of this innovative environmental treaty for different areas of international law, and its implementation challenges in various regions and from the perspectives of various stakeholders.
Lessons From Local Environmental Funds For Redd Benefit Sharing With Indigenous People In Brazil
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Author : Maria Fernanda Gebara
language : en
Publisher: CIFOR
Release Date : 2014-11-26
Lessons From Local Environmental Funds For Redd Benefit Sharing With Indigenous People In Brazil written by Maria Fernanda Gebara and has been published by CIFOR this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-26 with categories.
Key lessons While the constitutional rights (e.g. property rights) of indigenous peoples (IP) are strong in Brazil and may help to overcome their vulnerability, they are rarely enforceable and do not offer sufficient safeguards.Informed consultation and a structured free, prior and informed consent (FPIC) process that considers cultural issues are fundamental to ensuring acceptance and consent by IP.Local environmental funds can be a tool for increasing autonomy and decentralization while sharing benefits with IP and financing long-term and specific demands that can change over time.Safeguard strategies implemented by the Amazon Fund to avoid conflicts of interest may result in restrictions on the participation of IP, having implications related to the legitimacy of decision-making in the distribution of benefits.The absence of timely financial flows to meet IP needs may be a considerable risk since it can encourage environmentally damaging activities.Relying on the voluntary market may be risky for IP initiatives because of market instability and possible lack of funding.
Biodiversity And Culture
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Author : Krystyna Swiderska
language : en
Publisher:
Release Date : 2012
Biodiversity And Culture written by Krystyna Swiderska and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Biodiversity conservation categories.
"Many rural communities in the global South--including some 370 million indigenous peoples--are directly dependent on biodiversity and related traditional knowledge for their livelihoods, food security, healthcare and well-being. But with the loss of biodiversity, valuable resources such as climate-resilient crops, medicinal plants and wild foods are being lost. Cultural diversity is being eroded at an unprecedented rate and with it, ancestral knowledge of how to use and conserve biodiversity. This special issue of Participatory Learning and Action explores two important participatory tools that indigenous peoples and local communities can use to help defend their customary rights to biocultural heritage: i) Community protocols--or charters of rules and responsibilities--in which communities set out their customary rights to natural resources and land, as recognised in customary, national and international laws; and ii) Free, prior informed consent (FPIC) processes, in which communities decide whether or not to allow projects affecting their land or resources to go ahead, and on what terms. The issue reviews the experiences of communities in Asia, Latin America and Africa in developing and using these tools in a range of contexts, including: developing mechanisms for access and benefit-sharing (ABS) for genetic resources and traditional knowledge; confronting threats from mining and protected areas; and improving forestry partnerships. It also looks at government experiences of establishing institutional processes for FPIC and benefit-sharing. It identifies practical lessons and guidance based on these experiences and aims to strengthen the capacity of a range of actors to support these rights-based tools effectively in practice. This special issue aims to provide guidance for those implementing the Nagoya Protocol and other natural resource and development practitioners, and to raise awareness of the importance of community designed and controlled participatory processes."--Publisher's description.
Issue Paper On Indigenous Peoples
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Author : Global Environment Facility
language : en
Publisher: Global Environment Facility
Release Date : 2012-10-15
Issue Paper On Indigenous Peoples written by Global Environment Facility and has been published by Global Environment Facility this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-15 with Nature categories.