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This anchor volume to the series Managing Global Genetic Resources examines the structure that underlies efforts to preserve genetic material, including the worldwide network of genetic collections; the role of biotechnology; and a host of issues that surround management and use. Among the topics explored are in situ versus ex situ conservation, management of very large collections of genetic material, problems of quarantine, the controversy over ownership or copyright of genetic material, and more.
Within the countries of South and North America are found some of the most diverse collections of flora and fauna in the world. Colombia alone carries over 50 thousand different plant species. This precious resource, however, is quickly dwindling. Pharmaceutical and biotechnology companies are tapping America's genetic resources at an ever-increasing rate, and habitat destruction has pushed many species to extinction or to the brink of extinction. "Protecting Biodiversity" addresses one of the most fundamental aspects of this important issue: the lack of adequate national laws regulating access to, and compensation for, the use of local genetic resources. This book is the first to compare such laws and policies across a range of countries in both the industrialized and developing worlds, including Argentina, Canada, Colombia, Costa Rica, Paraguay, Peru, and the United States. It also presents legal viewpoints, conclusions, and solid recommendations for future action. "Protecting Biodiversity" is the newest reference book in the rapidly emerging legal field that combines environmental, intellectual property, contract, and administrative law.
Globally, local and indigenous approaches to conserving biodiversity, crop improvement, and managing precious natural resources are under threat. Many communities have to deal with 'biopiracy,' for example. As well, existing laws are usually unsuitable for protecting indigenous and traditional knowledge and for recognizing collective rights, such as in cases of participatory plant breeding, where farmers, researchers and others join forces to improve existing crop varieties or develop new ones, based on shared knowledge and resources. This book addresses these issues. It outlines the national and international policy processes that are currently underway to protect local genetic resources and related traditional knowledge and the challenges these initiatives have faced. In particular these themes are addressed within the context of the Convention of Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The authors broaden the policy and legal debates beyond the sphere of policy experts to include the knowledge-holders themselves. These are the 'custodians of biodiversity': farmers, herders and fishers in local communities. Their experience in sharing access and benefits to genetic resources is shown to be crucial for the development of effective national and international agreements. The book presents and analyzes this experience, including case studies from China, Cuba, Honduras, Jordan, Nepal, Peru and Syria. Copublished with the International Development Research Centre (IDRC).
Demonstrating the shortcomings of current policy and legal approaches to access and benefit-sharing (ABS) in the Convention on Biological Diversity (CBD), this book recognizes that genetic resources are widely distributed across countries and that bilateral contracts undermine fairness and equity. The book offers a practical and feasible regulatory alternative to ensure the goal of fairness and equity is effectively and efficiently met. Through a legal analysis that also incorporates historic, economic and sociological perspectives, the book argues that genetic resources are not tangible resources but information. It shows that the existing preference for bilateralism and contracts reflects resistance on the part of many of the stakeholders involved in the CBD process to recognize them as such. ABS issues respond very well to the economics of information, yet as the author explains, these have been either sidelined or overlooked. At a time when the Nagoya Protocol on ABS has renewed interest in feasible policy options, the author provides a constructive and provocative critique. The institutional, policy and regulatory framework constitute "bounded openness" under which fairness and equity emerge.
This volume contains the third of a series of IFPRI briefs on biotechnology and genetic resource policies. The first set, published in January 2003 and containing Briefs 1 through 6, focuses on intellectual property rights issues, and the second set, Briefs 7-12, deals with issues related to the ex situ genebank and its collection. The briefs present syntheses and synopses of research conducted by a team from IFPRI's Environment and Production Technology Division and several collaborators. The team focuses on aspects of intellectual property rights, genetic resource management and conservation, biodiversity, and biotechnology. The briefs are available for download in PDF format as an entire document or by individual brief.
Brief 1. Phillips, P. W. B. Policy, national regulation, and international standards for GM foods. Brief 2. Díaz-Bonilla; E.; Robinson, S. Biotechnology, trade, and hunger. Brief 3. Pardey, P. G.; Wright, B. D.; Nottenburg, C.; Binenbaum, E.; Zambrano, P. Intellectual property and developing countries: freedom to operate in agricultural biotechnology. Brief 4. Nottenburg, C.; Pardey, P. G.; Wright, B. D. Accessing other people's technology. Brief 5. Giannakas, K. Infringement of intellectual proerty rights: developing countries, agricultural biotechnology, and the TRIPs agreement. Brief 6. Koo, B.; Pardey, P. G.; Wright, B. D. Conserving genetic resources for agriculture: counting the cost.