Genetic Resources, Equity and International Law

Camena Guneratne (Autor)

Buch | Hardcover

336 Seiten

2012
Edward Elgar Publishing Ltd (Verlag)
978-0-85793-494-9 (ISBN)

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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 favor 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.

Camena Guneratne, Professor, Open University of Sri Lanka

Contents: 1. Introduction 2. Overview of Plant Genetic Resources for Food and Agriculture 3. The Uses of Biological Resources 4. Property Regimes Over Biological Resources 5. The International Environmental Regime on Plant Genetic Resources and Traditional Knowledge 6. Farmers, Indigenous and Local Communities and Traditional Knowledge 7. The International Property Rights Regime 8. The Plant Protection Provisions of UPOV, the TRIPS Agreement and Bilateral Treaties 9. Access and Benefit Sharing Measures 10. Sui Generis Legislation 11. Disclosure of Origin of Genetic Resources and Traditional Knowledge 12. The Recognition of Traditional Knowledge as Prior Art 13. Conclusion Index

Erscheint lt. Verlag	28.12.2012
Reihe/Serie	New Horizons in Environmental and Energy Law series
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Wirtschaftsrecht ► Urheberrecht
	Technik ► Umwelttechnik / Biotechnologie
ISBN-10	0-85793-494-5 / 0857934945
ISBN-13	978-0-85793-494-9 / 9780857934949
Zustand	Neuware