The Property Regime Of Biodiversity And Traditional Knowledge
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The Property Regime Of Biodiversity And Traditional Knowledge
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Author : Nicolas Brahy
language : en
Publisher: Larcier
Release Date : 2008-02-19
The Property Regime Of Biodiversity And Traditional Knowledge written by Nicolas Brahy and has been published by Larcier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-19 with Biodiversity conservation categories.
How can we simultaneously conserve biodiversity and use its components (genetic resources) to create new medicines and better seeds ? Signed in 1992, at the Eearth Summit in Rrio, the Convention on Biological Diversity answers this question by resorting to intellectual property rights on living material with the objective to create a market for genetic resources. Fifteen years later, we cannot but observe that biodiversity keeps eroding and that the proliferation of intellectual property rights hinders research and innovation on new medicines and seeds. Combining legal, economical and historical approaches, this book explains in simple terms how the Biodiversity Convention came into existence, and how the providing countries and bio-industries (pharmaceutical and seeds industry) are striving to implement it, and why the Convention and its project of a market for genetic resources do not work properly. The book, then, examines new orientations and suggests avenues for solutions. What makes this book different ? It puts the Convention on Biological Diversity back in the wider context of the organization of both innovation and conservation of nature. This approach highlights what is really at stake: • Financing innovation and conservation: what should be the distribution of tasks between the market and public funding ? • Coordinating the agents of conservation and innovation (providing countries, local communities, universities, firms, etc): what should be the distribution of tasks between the market and regulation ?
The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property
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Author : Jonathan Curci
language : en
Publisher: Cambridge University Press
Release Date : 2010
The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property written by Jonathan Curci 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 2010 with Law categories.
Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
The Protection Of Traditional Indigenous Knowledge By Intellectual Property Law
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Author : Julia Honds
language : en
Publisher: GRIN Verlag
Release Date : 2008-04
The Protection Of Traditional Indigenous Knowledge By Intellectual Property Law written by Julia Honds and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04 with Intellectual property categories.
Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington (Faculty of Law), 47 entries in the bibliography, language: English, abstract: Indigenous people often know a lot about the healing properties or other useful characteristics of their indigenous plants. This knowledge usually has been passed on within the indigenous community from generation to generation and is therefore regarded as traditional knowledge. This traditional knowledge is of great value for the pharmaceutical industry. Accordingly, it has been explored, used as the basis for subsequently patented in-ventions, and sometimes misappropriated by pharmaceutical companies from the "developed" world. This essay seeks to provide an overview of the problems and issues that arise where traditional knowl-edge meets the "Western" intellectual property regime. The questions that are sought to be answered are: Why should traditional knowledge be protected as intellectual property and how could this be done? Many approaches have been made, both on an international and a national level. Several of these solutions will be presented and discussed in this essay. It will be seen that already existing intellectual property rights are not suitable for the protection of traditional knowledge. Compared with this, the implementation of safeguards within patent applica-tion proceedings seems to be more appropriate and effective. However, this approach turns out to be not com-prehensive enough. Therefore, this essay recommends the protection of traditional knowledge by an intellectual property right sui generis, specially designed for that purpose. This solution is favourable because it is the most complete one, is able to address all issues in an appropriate way, and can strike a balance between the involved conflicting interests.
Protecting Traditional Knowledge
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Author : Daniel F. Robinson
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-14
Protecting Traditional Knowledge written by Daniel F. Robinson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.
This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.
Intellectual Property Biogenetic Resources And Traditional Knowledge
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Author : Graham Dutfield
language : en
Publisher: Routledge
Release Date : 2010-09-23
Intellectual Property Biogenetic Resources And Traditional Knowledge written by Graham Dutfield and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-23 with Law categories.
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.
Biodiversity And The Law
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Author : Charles R. McManis
language : en
Publisher: Earthscan
Release Date : 2012
Biodiversity And The Law written by Charles R. McManis and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
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.
The Legal Protection Of Traditional Knowledge In The Pharmaceutical Field
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Author : Tobias Kiene
language : en
Publisher: Waxmann Verlag
Release Date : 2009
The Legal Protection Of Traditional Knowledge In The Pharmaceutical Field written by Tobias Kiene and has been published by Waxmann Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Intellectual Property Rights Trade And Biodiversity
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Author : Graham Dutfield
language : en
Publisher: Earthscan
Release Date : 2000
Intellectual Property Rights Trade And Biodiversity written by Graham Dutfield and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
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.
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.
International Law And Indigenous Knowledge
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Author : Chidi Oguamanam
language : en
Publisher: University of Toronto Press
Release Date : 2006-01-01
International Law And Indigenous Knowledge written by Chidi Oguamanam and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.