Regulating Genetic Resources
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Regulating Genetic Resources
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Author : Charles Lawson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Regulating Genetic Resources written by Charles Lawson 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 Law categories.
ÔAn insightful guide to some key developments in the international governance of genetic resources. Exploration of the central role of state sovereignty in current approaches aids understanding of the impact that the socio-economic and political context has on the content and direction of rules in this area. The book includes extensive information on the influence of treaty regimes that are often marginal to or absent from other analyses of genetic resource governance (outer space, seas and oceans, and Antarctica).Õ Ð Catherine Rhodes, The University of Manchester, UK This detailed and concise book surveys the international genetic resources laws applying in Antarctica, space, the oceans and seas, the lands, and the airspaces above land and water. The well-structured analysis traces the evolution of these various schemes and their contributions to the comprehensive arrangements under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture and the World Health OrganizationÕs PIP Framework. The book details the different avenues and concluded positions, documenting a laboratory of legal approaches and possibilities. Regulating Genetic Resources will be a valuable addition to academics, governments, NGOs and students in environmental and intellectual property law.
Protecting Biodiversity
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Author : International Development Research Centre (Canada)
language : en
Publisher: IDRC
Release Date : 2000
Protecting Biodiversity written by International Development Research Centre (Canada) and has been published by IDRC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Biodiversity conservation categories.
Within the countries of South and North America are found some of the most diverse collections of flora and fauna in the world. Colombia alone carries over 50 thousand different plant species. This precious resource, however, is quickly dwindling. Pharmaceutical and biotechnology companies are tapping America's genetic resources at an ever-increasing rate, and habitat destruction has pushed many species to extinction or to the brink of extinction. "Protecting Biodiversity" addresses one of the most fundamental aspects of this important issue: the lack of adequate national laws regulating access to, and compensation for, the use of local genetic resources. This book is the first to compare such laws and policies across a range of countries in both the industrialized and developing worlds, including Argentina, Canada, Colombia, Costa Rica, Paraguay, Peru, and the United States. It also presents legal viewpoints, conclusions, and solid recommendations for future action. "Protecting Biodiversity" is the newest reference book in the rapidly emerging legal field that combines environmental, intellectual property, contract, and administrative law.
Genetic Resources Traditional Knowledge And The Law
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Author : Evanson C. Kamau
language : en
Publisher: Routledge
Release Date : 2009-09-02
Genetic Resources Traditional Knowledge And The Law written by Evanson C. Kamau and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-02 with Law categories.
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.
Crop Genetic Resources As A Global Commons
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Author : Michael Halewood
language : en
Publisher: Routledge
Release Date : 2012-11-27
Crop Genetic Resources As A Global Commons written by Michael Halewood and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-27 with Technology & Engineering categories.
Farmers have engaged in collective systems of conservation and innovation – improving crops and sharing their reproductive materials – since the earliest plant domestications. Relatively open flows of plant germplasm attended the early spread of agriculture; they continued in the wake of (and were driven by) imperialism, colonization, emigration, trade, development assistance and climate change. As crops have moved around the world, and agricultural innovation and production systems have expanded, so too has the scope and coverage of pools of shared plant genetic resources that support those systems. The range of actors involved in their conservation and use has also increased dramatically. This book addresses how the collective pooling and management of shared plant genetic resources for food and agriculture can be supported through laws regulating access to genetic resources and the sharing of benefits arising from their use. Since the most important recent development in the field has been the creation of the multilateral system of access and benefit-sharing under the International Treaty on Plant Genetic Resources for Food and Agriculture, many of the chapters in this book will focus on the architecture and functioning of that system. The book analyzes tensions that are threatening to undermine the potential of access and benefit-sharing laws to support the collective pooling of plant genetic resources, and identifies opportunities to address those tensions in ways that could increase the scope, utility and sustainability of the global crop commons.
Genetic Resources Equity And International Law
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Author : Camena Guneratne
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Genetic Resources Equity And International Law written by Camena Guneratne 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 Nature categories.
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.
Agrobiodiversity And The Law
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Author : Juliana Santilli
language : en
Publisher: Routledge
Release Date : 2012-03-15
Agrobiodiversity And The Law written by Juliana Santilli and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-15 with Science categories.
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.
Governing Digitally Integrated Genetic Resources Data And Literature
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Author : Jerome H. Reichman
language : en
Publisher: Cambridge University Press
Release Date : 2016-05-19
Governing Digitally Integrated Genetic Resources Data And Literature written by Jerome H. Reichman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with Law categories.
This book examines the current legal status of the international genetic information commons and proposes alternative management strategies.
African Perspectives On Genetic Resources
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Author : Kent Nnadozie
language : en
Publisher: Environmental Law Institute
Release Date : 2003
African Perspectives On Genetic Resources written by Kent Nnadozie and has been published by Environmental Law Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Biodiversity categories.
Intellectual Property And Biodiversity
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Author : Michelangelo Temmerman
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-12-12
Intellectual Property And Biodiversity written by Michelangelo Temmerman 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 2011-12-12 with Law categories.
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.
Access To Genetic Resources Under The Convention On Biological Diversity And The Law Of The Federal Republic Of Germany
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Author : Rüdiger Wolfrum
language : en
Publisher:
Release Date : 1996
Access To Genetic Resources Under The Convention On Biological Diversity And The Law Of The Federal Republic Of Germany written by Rüdiger Wolfrum and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Biodiversity conservation categories.