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'Biopiracy' refers either to the unauthorised extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious 'inventions' based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date.The book synthesises the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.
The present book “Biodiversity, Traditional Knowledge and Intellectual Property Rights“ elaborates principles of biodiversity right from definitions and concepts to strategies for conservation of biodiversity. It also explains the roles and functions of international organizations like CBD in biodiversity conservation. The unique feature of this book is it connects biodiversity, traditional knowledge and intellectual property rights. Different aspects of biodiversity related traditional knowledge and international initiatives undertaken to protect the rights of traditional knowledge holders are discussed.
'The Museum of Bioprospecting, Intellectual Property, and the Public Domain' addresses one of the most pressing policy issues of our day: intellectual property rights versus the public domain in facilitating access to genetic resources for biotechnology development. The issue is examined in the context of a proposal submitted by seven fictional scholars to an imaginary octogenarian, whose humor provides an original addition to the discussion.
A paradigm-shifting book in the vein of Sapiens that brings a crucial Indigenous perspective to historical and cultural issues of history, education, money, power, and sustainability—and offers a new template for living. As an indigenous person, Tyson Yunkaporta looks at global systems from a unique perspective, one tied to the natural and spiritual world. In considering how contemporary life diverges from the pattern of creation, he raises important questions. How does this affect us? How can we do things differently? In this thoughtful, culturally rich, mind-expanding book, he provides answers. Yunkaporta’s writing process begins with images. Honoring indigenous traditions, he makes carvings of what he wants to say, channeling his thoughts through symbols and diagrams rather than words. He yarns with people, looking for ways to connect images and stories with place and relationship to create a coherent world view, and he uses sand talk, the Aboriginal custom of drawing images on the ground to convey knowledge. In Sand Talk, he provides a new model for our everyday lives. Rich in ideas and inspiration, it explains how lines and symbols and shapes can help us make sense of the world. It’s about how we learn and how we remember. It’s about talking to everyone and listening carefully. It’s about finding different ways to look at things. Most of all it’s about a very special way of thinking, of learning to see from a native perspective, one that is spiritually and physically tied to the earth around us, and how it can save our world. Sand Talk include 22 black-and-white illustrations that add depth to the text.
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 is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.
In the history of food, the tomato is a relative newcomer outside its ancestral home in Mesoamerica. And yet, as we devour pizza by the slice, dip French fries in ketchup, delight in a beautiful Bolognese sauce, or savor tomato curries, it would now be impossible to imagine the food cultures of many nations without the tomato. The journey taken by the tomato from its ancestral home in the southern Americas to Europe and back is a riveting story full of culinary discovery, innovation, drama, and dispute. Today, the tomato is at the forefront of scientific advances in cultivation and the study of taste, as well as a popular subject of heritage conservation (heirloom tomato salad, anyone?). But the tomato has also faced challenges every step of the way into our gardens and kitchens—including that eternal question: is it a fruit or a vegetable? In this book, Clarissa Hyman charts the eventful history of this ubiquitous everyday edible that is so often taken for granted. Hyman discusses tomato soup and ketchup, heritage tomatoes, tomato varieties, breeding and genetics, nutrition, tomatoes in Italy, tomatoes in art, and tomatoes for the future. Featuring delicious modern and historical recipes, such as the infamous “man-winning tomato salad” once featured in Good Housekeeping, this is a juicy and informative history of one of our most beloved foods.
The adoption of the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity in 2010 is a major landmark for the global governance of genetic resources and traditional knowledge. The way in which it will be translated into practice will however depend on the concrete implementation in national country legislation across the world. Implementing the Nagoya Protocol compares existing ABS regimes in ten European countries, including one non-EU member and one EU candidate country, and critically explores several cross-cutting issues related to the implementation of the Nagoya Protocol in the EU. Gathering some of the most professional and widely acclaimed experts in ABS issues, this book takes a major step towards filling a gap in the vast body of literature on national and regional implementation of global commitments regarding ABS and traditional knowledge.
An exploration of economic rights afforded Indigenous peoples in international law and their diffusion to international trade and investment instruments.