Download or read book The Protection of Traditional Plant Genetic Resources for Food and Agriculture and the Related Know how by Intellectual Property Rights in International Law written by Martin A. Girsberger and published by . This book was released on 1999 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Genetic Resources Equity and International Law written by Camena Guneratne and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intellectual Property Rights in Plant Varieties written by Laurence R. Helfer and published by Food & Agriculture Org.. This book was released on 2004 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.
Download or read book International law of relevance to plant genetic resources a practical review for scientists and other professionals working with plant genetic resources written by Susan Bragdon and published by Bioversity International. This book was released on 2004 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: History and development. The FAO global system for the conservation and sustainable use of plant genetic resources for food and agriculture. The International treaty on plant genetic resources for dood and agriculture. The Convention on Biological Diversity. Origin and movement of OGR: implications for acess and benefit-sharing policies. The TRIPS agreement. UPOV. Phytosanitary and biosafety measures. Development and improvement of genetic resources. Cross-cutting issues. Economic issues.
Download or read book Intellectual Property Rights and Food Security written by Michael Blakeney and published by CABI. This book was released on 2009-01-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Rights (IPRs) play an important role in the struggle for food security and encouraging agricultural research and development. This book examines these roles as well as the international relationship between IPRs, agricultural biotechnology, access to biological resources, food security and globalisation, paying particular attention to proposals for the protection of Farmers' Rights, traditional knowledge, GM crops and the impact of competition laws. It proposes a number of recommendations for action in deploying IPRs in order to reach greater food security globally.
Download or read book Intellectual Property and Genetic Resources Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-07-08 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.
Download or read book Intellectual Property Agriculture and Global Food Security written by Claudio Chiarolla and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The instability of the global food supply system requires our urgent attention. There are no easy solutions but the starting point must entail a critical analysis of the existing institutions governing the ownership and exchange of the plant genetic resources that underpin our long-term food security. Dr Chiarolla's book makes a valuable contribution to the debate.' – Graham Dutfield, University of Leeds, UK 'This book captures some of the key issues underlying the ever-lasting food crises both at national and global levels. It demonstrates how global policies impact national and local actions while food insecurity seems to be a constant companion to many, in spite of decades of our work on securing food as a fundamental right for the poor.' – Balakrishna Pisupati, United Nations Environment Programme, Kenya 'This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. The author's detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.' – Duncan Matthews, Queen Mary, University of London, UK This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security. Claudio Chiarolla analyses developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals' framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared. This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies.
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 Indigenous Heritage and Intellectual Property written by Silke von Lewinski and published by Kluwer Law International B.V.. This book was released on 2008-03-28 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Download or read book Unsettled International Intellectual Property Issues written by Tshimanga Kongolo and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies - including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation - the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international 'protection instrument' that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.
Download or read book Realising Farmers Rights to Crop Genetic Resources written by Regine Andersen and published by Routledge. This book was released on 2013-07-18 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Farmers' Rights are essential for maintaining crop genetic diversity, which is the basis of all food and agricultural production in the world. The International Treaty on Plant Genetic Resources for Food and Agriculture recognizes Farmers' Rights and provides for relevant measures. However, implementation is slow, and in many countries there is resistance. This book shows the necessity of realizing Farmers' Rights for poverty alleviation and food security, the practical possibilities of doing so, and the potential gains for development and society at large. It provides decision-makers and practitioners with a conceptual framework for understanding Farmers’ Rights and success stories showing how each of the elements of Farmers' Rights can be realized in practice. The success stories have brought substantial achievements as regards one or more of the four elements of Farmers' Rights: the rights of farmers to save, use, exchange and sell farm-saved seed; the protection of traditional knowledge; benefit- sharing; and participation in decision-making. This does not mean that these examples are perfect. Challenges encountered on the way are conveyed and offer important lessons. The stories represent different regions and localities, including Europe, Asia, Africa and Latin America, as well as various categories of stakeholders and types of initiatives and policies.
Download or read book Explanatory Guide to the International Treaty on Plant Genetic Resources for Food and Agriculture written by Gerald K. Moore and published by IUCN. This book was released on 2005 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: At head of cover: IUCN Environmental Law Programme.
Download or read book Traditional Knowledge and Intellectual Property written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-11-10 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief provides general and basic information on the interface between intellectual property and traditional knowledge, traditional cultural expressions, and genetic resources.
Download or read book Rights to Plant Genetic Resources and Traditional Knowledge written by Susette Biber-Klemm and published by CABI. This book was released on 2006 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the means, instruments and institutions to create incentives to promote conservation and sustainable use of traditional knowledge and plant genetic resources for food and agriculture, in the framework of the world trade order. It approaches these topics on a broad basis: it analyses in depth the option to create specific sui generis intellectual property rights of the TRIPS Agreement. It then discusses the ways to support the maintenance of information which cannot be allocated to specific authors, and examines alternative concepts within the trade of traditionally generated information and related products. This book will be of significant interest to those studying and researching biotechnology, plant breeding, genetic resources, intellectual property law and agricultural economics.
Download or read book Intellectual Property Rights in Plant Genetic Resources written by Chidi Oguamanam and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the international legal framework in which traditional farmers and agricultural biotechnology (agro-biotech) protect their knowledge and plant genetic resources. Traditional farms and agro-biotech both play significant roles in enhancing global food security and biodiversity. Legal measures to protect the knowledge of agro-biotech and traditional farmers were deployed by nations with a head start in the agro-biotech industry. The resulting system of utility patents and the sui generis concept of plant breeders' rights often subordinates the claims of farmers under those of agro-biotech. The author argues the current regime under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is inadequate to moderate the inequities created by intellectual property in plant genetic resources. Agro-biotech alone cannot ensure global food security and sustainable agriculture, nor can an intellectual property system that undermines local and traditional agriculture. Traditional farming knowledge is indispensable to ensuring that culturally acceptable food is accessible around the globe. A two-pronged approach to inequities in the current intellectual property system is possible. First, developing countries can use national legislation to comprehensively define farmers' rights beyond the ITPGRFA. Second, the governing body of the treaty can prioritize interpreting Article 12.3(d) of the Treaty with regard for the expectations of developing countries.
Download or read book Plant Genetic Resources and Food Security written by Christine Frison and published by Routledge. This book was released on 2012-06-25 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is a pivotal piece of recent legislation, providing a route map for the use of such resources for sustainable agriculture and food security. Plant Genetic Resources and Food Security explains clearly the different interests and views at stake between all players in the global food chain. It touches upon many issues such as international food governance and policy, economic aspects of food and seed trade, conservation and sustainable use of food and agricultural biodiversity, hunger alleviation, ecological concerns, consumers' protection, fairness and equity between nations and generations, plant breeding techniques and socio-economic benefits related to food local economies. The book shows that despite the conflicting interests at stake, players managed to come to an agreement on food and agriculture for the sake of food security and hunger alleviation in the world. Published with the Food and Agriculture Organization (FAO) of the United Nations and with Bioversity International.
Download or read book The Protection of Traditional Knowledge on Genetic Resources written by Frantzeska Papadopoulou and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.
