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Explores the legal, economic and political context for the debate about intellectual property rights for traditional knowledge and genetic resources
Investigates current flashpoints: battles over patented seeds, coexistence of GM and organic production; ownership and control of human genetic materials
Offers critical analysis of access and benefits sharing efforts around the world
There is a veritable gold rush mentality in the life science world as scientists, entrepreneurs and multinationals are staking claims to the ‘code of life’ embodied in the world’s current stock of plants, animals, microbes and human populations. In response, the communities that see themselves as the custodians of both that traditional knowledge and specific genetic resources have demanded greater recognition of their role in creating and conserving this resource, access to any resulting improvements and a share of the benefits arising from their patrimony. This has precipitated a widespread effort—in local communities, in the marketplace, in many developing and developed countries and at the talks in the Doha Round of the WTO—to reconcile the interests and concerns of the two opposing groups.
This edited volume explores the legal, economic and political context for the debate about intellectual property rights for traditional knowledge and genetic resources and critically analyses the theory and practice of access and benefits sharing efforts around the world. The book also investigates the current flashpoints—the David and Goliath battle between Monsanto and Percy Schmeiser over farmers’ rights; the dispute over coexistence of GM and organic production; and the ownership and control of human genetic materials stored in human gene banks around the world.
Content Level »Research
Keywords »Intellectual property rights - access and benefits sharing - genetic resources - genetics - genomics - human rights - international law - traditional knowledge
Contributors. Acknowledgements. Part One: ACCESS AND BENEFITS SHARING IN CONTEXT. 1. Introduction to Access to Benefit Sharing: P. Phillips & C. Onwuekwe. Part Two: SHARING THE BENEFITS OF INVENTIONS, PGR’S AND TRADITIONAL KNOWLEDGE. 2. The Ideology of the Commons and Property Rights:
C.Onwuekwe. 3 .Farmers' Privilege and Patented Seeds: P. Phillips. 4. Traditional Knowledge and Benefit Sharing: From Compensation to Transaction: D. Castle & E. Gold. 5. Biological Resources and Intellectual Property Rights: Impacts on Indigenous and Local Communities: D. Craig. Lost in Transition? The Rhetoric of International Law, Protection of Indigenous Peoples' Knowledge and the Omnipresent Reality of Biopiracy: I. Mgbeoji. Part Three: IMPLEMENTING ACCESS AND BENEFITS SHARING. 7. The Coexistence of GM and Organic Cropping: Hoffman and Beaudoin v. Monsanto Canada Inc. and Aventis Cropscience Canada Holding Inc: L. Khoury. 8. Beyond the Rhetoric: Population Genetics and Benefit Sharing: B. Knoppers & L. Sheremeta. 9. Bioprospecting Partnerships in Practice: A Decade of Experiences at INBio in Costa Rica: J. Cabrera Medaglia Part Four: ACCESS AND BENEFIT SHARING IN THE NEW MILLENIUM. 10. Conclusions: New Paths to Access and Benefit Sharing: C. Onwuekwe & P. Phillips.