Download or read book Intellectual Property Rights Trade and Biodiversity written by Graham Dutfield and published by Earthscan. This book was released on 2000 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book People Plants and Patents written by Crucible Group and published by IDRC. This book was released on 1994 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society
Download or read book Intellectual Property Rights and Biodiversity Conservation written by Timothy M. Swanson and published by Cambridge University Press. This book was released on 1995 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a detailed analysis of the economic and scientific rationales for biodiversity conservation.
Download or read book Biodiversity and the Law written by Charles R. McManis and published by Earthscan. This book was released on 2012 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Law and the Conservation of Biological Diversity written by Michael Bowman and published by Kluwer Law International B.V.. This book was released on 1996-01-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work presents a thorough analysis of the biodiversity concept in international law and commentary on the 1992 United Nations Convention on Biological Diversity which was opened for signature following the 1992 UN Conference on Environment and Development. This Convention is the first international treaty explicitly to address all aspects of biodiversity ranging from the conservation and sustainable use of biological resources, to access to biotechnology and the safety of activities related to modified living organisms. The work extends beyond the ambit of the Convention itself to examine the conservation of biodiversity in international law generally, including measures for the protection of the terrestrial, marine and Antarctic environment and particular features relating to sustainable use of biological resources, ex-situ conservation and plant genetic resources. It further analyses the controversial issue of intellectual property rights, the problems of implementation in the European Union and the United States, differences between developing and developed states and the role of indigenous peoples. This major new work has been written by members of the Committee on Environmental Law of the British Branch of the International Law Association following an earlier study on the subject of International Law and Global Climate Change (Graham & Trotman, 1991). It is the first major study of the Convention of the context in which it was negotiated, and of the prospects for its implementation, following the entry into force of the Convention on 29 December 1993.
Download or read book Biodiversity Conservation and Intellectual Property Rights written by Manuel Illescas and published by Acts Press. This book was released on 1993-01-01 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property written by Jonathan Curci and published by Cambridge University Press. This book was released on 2010 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
Download or read book Intellectual Property Biogenetic Resources and Traditional Knowledge written by Graham Dutfield and published by Earthscan. This book was released on 2010-09-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Protection of Global Biodiversity written by Lakshman D. Guruswamy and published by . This book was released on 1998 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rate of extinction of biological species is greater today than at any time in the last 65 million years. Some predict that if this rate continues, two-thirds of all living species will disappear during the next century. Because reaching consensus on specific courses of action involves complex issues, any adequate response to this impending crisis must include coverage of many areas of inquiry and understanding. Protection of Global Biodiversity features essays by distinguished international experts who communicate with each other across disciplinary boundaries to address the challenge of formulating policies to protect biodiversity. Although the global community has recently adopted a Convention of Biological Diversity, the agreement sets forth only abstract goals. Contributors to this volume advance the Convention's initial steps by providing workable solutions that can be implemented regionally, nationally, and locally. The contributors--including natural, social, and political scientists; economists; lawyers; and environmentalists; and decisionmakers in business, agriculture, and government--have united to create a common discourse and to evaluate and propose strategies for halting this alarming loss of biodiversity. In recognizing the diverse aspects of this task--scientific, economic, institutional, moral, and legal--this book presents a new picture of emerging action. Contributors. S. James Anaya, Gregory Benford, Graciela Chichilnisky, S. Todd Crider, Yvonne Cripps, Robert T. Fraley, Anil K. Gupta, Lakshman D. Guruswamy, G. M. Heal, Brent Hendricks, Robert B. Horsch, Laura L. Jackson, Annie Lovejoy, Ariel E. Lugo, Jeffrey A. McNeely, Brian G. Norton, Elinor Ostrom, Peter H. Raven, John W. Reid, Walter V. Reid, Mark Sagoff, Roger A. Sedgo, R. David Simpson, Ana Sittenfeld, Christopher D. Stone, Gary H. Toenniessen
Download or read book Valuing Local Knowledge written by Stephen B. Brush and published by . This book was released on 1996 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.
Download or read book Intellectual Property and Biodiversity written by Michelangelo Temmerman and published by Kluwer Law International B.V.. This book was released on 2011-12-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intellectual Property Rights Biotechnology and the Protection of Biodiversity written by and published by . This book was released on 1996 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Linkages between intellectual property, biotechnology, and the conservation of biological diversity rose to prominence in the late 1980s and early 1990s. Three simultaneous international negotiation processes all impacted on this rise: the Convention on Biological Diversity, the Trade Related Aspects of Intellectual Property Agreement (TRIPS), and the negotiations on plant genetic resources for food and agriculture in the Food & Agriculture Organization and the International Union for the Protection of Plant Varieties. This report reviews the literature on the interrelationship of the three elements of intellectual property, biotechnology, and biodiversity conservation as reflected in those international processes. The introductory material includes discussion of the meaning of biodiversity and its role in modern life, the development of biodiversity issues prior to 1992, and underlying concepts of biodiversity, biotechnology, and intellectual property rights (IPR). Part 3 reviews the three international agreements impacting on the IPR/biotechnology/biodiversity link, discussing such issues as IPR and indigenous peoples, access to plant genetic resources, and patenting of life forms. Part 4 reviews approaches to valuation of the biotechnology/biodiversity linkage, including economic and non-economic aspects. The final part discusses some alternative models for developing biodiversity, biotechnology, and intellectual property linkages such as bio-prospecting contracts, models for protecting and rewarding indigenous and traditional knowledge, and international biodiversity funds. Appendices include an international code of conduct for plant germplasm collecting and transfer and a draft contract for biodiversity prospecting.
Download or read book Intellectual Property Community Rights and Human Rights written by Marcelin Tonye Mahop and published by Routledge. This book was released on 2010-06-10 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
Download or read book A Simple Guide to Intellectual Property Rights Biodiversity and Traditional Knowledge written by Tejaswini Apte and published by . This book was released on 2006 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Biodiversity written by Usha Tandon and published by Taylor & Francis. This book was released on 2017-11-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation — be it forest, wildlife, marine, coastal, etc. — their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India’s National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation.
Download or read book Accessing Biodiversity and Sharing the Benefits written by Santiago Carrizosa and published by IUCN. This book was released on 2004 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.
Download or read book Beyond Intellectual Property written by Darrell Addison Posey and published by IDRC. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural property, aboriginal people, ethnobiology, legal status, laws.
