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.
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