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Intellectual Property, Biogenetic Resources and Traditional Knowledge - Graham Dutfield

Intellectual Property, Biogenetic Resources and Traditional Knowledge

Paperback

Published: 1st September 2004
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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.

List of Tables and Boxesp. vii
Prefacep. viii
List of Acronyms and Abbreviationsp. xi
Knowledge, Property and Trade
Sovereignty, Common Heritage and Property Rightsp. 3
Permanent sovereigntyp. 5
Common heritagep. 10
Intellectual property rightsp. 11
Biotechnology and the Expanding Boundaries of Intellectual Property Protectionp. 14
Biotechnology and the life science industriesp. 14
The commercial importance of biogenetic resources and traditional knowledgep. 18
Intellectual property in the life sciencesp. 20
The International Law of Biogenetic Resources and Intellectual Propertyp. 25
The TRIPS Agreementp. 25
The UPOV Conventionp. 33
The Convention on Biological Diversityp. 37
The International Treaty on Plant Genetic Resources for Food and Agriculturep. 39
Conflicts and Controversies
National Sovereignty, Benefit Sharing and the Patenting of Lifep. 45
Fair and equitablep. 45
Patenting natural productsp. 48
Patent quality problemsp. 49
Biopiracyp. 52
The hoodia casep. 52
The neem patentsp. 53
The quinoa casep. 53
The enola bean casep. 54
'Biopiracy' through plant variety protectionp. 55
Rights and wrongsp. 56
Environmental Impactsp. 60
Intellectual property rights and monoculturesp. 60
Plant variety protection and genetic uniformityp. 61
Intellectual property rights and crop-agrochemical linkagesp. 62
Agriculture, Food Security and Nutritionp. 66
Plant variety protection and research prioritiesp. 66
Plant variety protection and the interests of poor farmersp. 67
Intellectual property rights and the availability of genetic resources for breedingp. 68
Empirical evidencep. 69
Alternatives to UPOVp. 70
Beyond Intellectual Property: Technology Protection Systemsp. 74
High stakesp. 76
Pros and consp. 77
Terminator and the patent systemp. 78
Life Science Innovation, Biotechnology Transfer and Developing Countriesp. 80
The importance of life science innovation in trade and developmentp. 80
Technology transferp. 82
Protecting Traditional Knowledge
Traditional Knowledge and the Intellectual Property Systemp. 91
The nature of traditional knowledgep. 91
Why protect traditional knowledge?p. 97
Can intellectual property rights protect traditional knowledge?p. 100
Alternative Approaches to Traditional Knowledge Protectionp. 110
Defensive protectionp. 110
Positive protectionp. 117
Strategic considerationsp. 122
Forums, Processes and Initiatives
International Forums and Processesp. 127
The World Trade Organizationp. 127
The World Intellectual Property Organizationp. 131
The Conference of the Parties to the Convention on Biological Diversityp. 136
Government and Regional Initiativesp. 138
Philippines Executive Order 247 and its Implementing Rules and Regulationsp. 138
Andean Community Common Regime on Access to Genetic Resourcesp. 143
The Costa Rica Biodiversity Lawp. 148
The African Model Legislation for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resourcesp. 153
Analysisp. 159
National Case Studies
Indiap. 165
Introductionp. 165
Biodiversity: conservation, trade and developmentp. 166
India's bio-scientific and technological capacities: an assessmentp. 174
Implementing TRIPS: current progressp. 186
TRIPS and the national bio-industries: threat or opportunity?p. 190
Conclusionsp. 201
Kenyap. 204
Introductionp. 204
Biodiversity: conservation, trade and developmentp. 204
Kenya's scientific and technological capacities: an assessmentp. 208
Implementing TRIPS: current progressp. 212
TRIPS, UPOV and the national bio-industries: threat or opportunity?p. 214
Conclusionsp. 217
Lessons from the Case Studiesp. 219
Introductionp. 219
Plant variety protectionp. 219
Patents and agro-biotechnologyp. 220
Patents and the health sectorp. 220
Intellectual property rights and traditional knowledgep. 220
Intellectual property rights, value addition and conservationp. 221
Notesp. 222
Referencesp. 235
Indexp. 252
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781844070497
ISBN-10: 1844070492
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 272
Published: 1st September 2004
Publisher: Taylor & Francis Ltd
Country of Publication: GB
Dimensions (cm): 23.5 x 15.9  x 1.42
Weight (kg): 0.42
Edition Number: 1