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'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.
‘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.
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.
Although law and science have interacted for centuries, today their interactions pose enormous challenges. These challenges are reflected in issues ranging from reproductive technology and resource conservation, to genetic technology and biological warfare. The emerging dialogue is complex and requires an ongoing re-thinking of general principles, such as expert biological evidence, which features in a wide range of legal contexts, and including medical law, torts, crime and intellectual property. Studying the many ways in which law and biology come together in many areas of contemporary life, The Nexus of Law and Biology: New Ethical Challenges explores the juridical uses of biological sciences to illuminate key issues and contemporary intersections, arguing that each of several disciplines must communicate with one another, recognizing a common ground in ethics. Featuring an impressive list of contributors, this book is an invaluable reference for legal scholars, students, practising lawyers and scientists engaged with the legal system.
With diverse contributions from over 100 authors around the globe, this comprehensive Encyclopedia summarises the developments of ecological economics from the fundamental contributions to the more recent methodological debates in the field. It provides an expansive list of topics including sustainable development, the limits to growth, agroecology, implications of thermodynamic laws for economics, integrated ecologic-economic modelling, valuation of natural resources and services, and renewable and non-renewable resources management. This title contains one or more Open Access chapters.
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).
Climate change lends itself to both political economy and humor. Vogel argues that mainstream economics fails to recognize the thermodynamic nature of climate change, thereby missing the point of Northern appropriation of the atmospheric sink. The payment Ecuador seeks for not drilling in the Yasun is equitable and efficient. Heeding the call of Deirdre (formerly Donald) McCloskey that economics needs humour, Vogel has written a scathing critique of economics-as-usual which also entertains.
Bioprospecting--the exchange of plants for corporate promises of royalties or community development assistance--has been lauded as a way to develop new medicines while offering southern nations and indigenous communities an incentive to preserve their rich biodiversity. But can pharmaceutical profits really advance conservation and indigenous rights? How much should companies pay and to whom? Who stands to gain and lose? The first anthropological study of the practices mobilized in the name and in the shadow of bioprospecting, this book takes us into the unexpected sites where Mexican scientists and American companies venture looking for medicinal plants and local knowledge. Cori Hayden tracks bioprospecting's contentious new promise--and the contradictory activities generated in its name. Focusing on a contract involving Mexico's National Autonomous University, Hayden examines the practices through which researchers, plant vendors, rural collectors, indigenous cooperatives, and other actors put prospecting to work. By paying unique attention to scientific research, she provides a key to understanding which people and plants are included in the promise of "selling biodiversity to save it"--and which are not. And she considers the consequences of linking scientific research and rural "enfranchisement" to the logics of intellectual property. Roving across UN protocols, botanical collecting histories, Mexican nationalist agendas, neoliberal property regimes, and North-South relations, When Nature Goes Public charts the myriad, emergent publics that drive and contest the global market in biodiversity and its futures.
This report presents information compiled by the World Intellectual Property Organization (WIPO) from nine fact-finding missions conducted by WIPO in 1998 and 1999 on the intellectual property (IP) needs and expectations of holders of traditional knowledge. The fact-finding missions (FFMs) were designed to enable WIPO to identify the IP needs and expectations of traditional knowledge holders. The purpose of this report is to provide information to WIPO Member States, holders of traditional knowledge, including indigenous peoples, the private sector, intergovernmental and non-governmental organizations, academic and research institutions and other interested parties, on the IP needs and expectations of traditional knowledge holders expressed to WIPO during the fact-finding missions. The main body of the report is contained in three parts: "Framing the IP Needs and Expectations of Traditional Knowledge Holders"; "Identifying the IP Needs and Expectations of Traditional Knowledge Holders: Results of the Nine Fact-Finding Missions"; and "Summary, Reflections and Conclusions." Annexes to the report include the following: Contracting Parties of Treaties Administered by WIPO; Terms of Reference for FFMs; Table of Countries Visited; WIPO Interim Mission Reports; Recommendations and Resolutions on the Protection of Expressions of Folklore; List of States, Organizations and Persons Submitting Formal Comments on Draft Report; and Bibliography. (Contains 126 references.) (AEF)