An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing
Author: Thomas Greiber
Publisher: IUCN
Published: 2012
Total Pages: 395
ISBN-13: 2831715296
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Unraveling the Nagoya Protocol
Author: Elisa Morgera
Publisher: Legal Studies on Access and Be
Published: 2014
Total Pages: 417
ISBN-13: 9789004217171
DOWNLOAD EBOOKForeword; Acknowledgements; List of Abbreviations; Table of Legal Materials Cited; Introduction; 1 The International Debate on Access and Benefit-sharing; 1.1 Asymmetries and the Ethical Rationale for ABS; 1.2 An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS; 1.3 The ABS Provisions of the CBD; 2 From the CBD to the Nagoya Protocol via the Bonn Guidelines; 3 Traditional Knowledge and ABS; 4 Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol.
Genetic Resources and Traditional Knowledge
Author: Tania Bubela
Publisher: Edward Elgar Publishing
Published: 2012-01-01
Total Pages: 393
ISBN-13: 1781002622
DOWNLOAD EBOOKThis fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to the Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests – through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada – that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policymakers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource.
Genetic Resources, Traditional Knowledge and the Law
Author: Evanson C. Kamau
Publisher: Earthscan
Published: 2009
Total Pages: 529
ISBN-13: 1849770093
DOWNLOAD EBOOKThe need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD).
Genetic Resources, Justice and Reconciliation
Author: Chidi Oguamanam
Publisher: Cambridge University Press
Published: 2019
Total Pages: 301
ISBN-13: 1108470769
DOWNLOAD EBOOKPresents the first comprehensive study of Indigenous perspectives on genetic resources, traditional knowledge, and access and benefit sharing in Canada. This book is also available as Open Access.
Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.
Author: Wipo
Publisher: World Intellectual Property Organization
Published: 2020-06-30
Total Pages: 0
ISBN-13: 9789280535600
DOWNLOAD EBOOKGeneral information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.
The Custodians of Biodiversity
Author: Manuel Ruiz
Publisher: Routledge
Published: 2012-03-15
Total Pages: 240
ISBN-13: 1136582177
DOWNLOAD EBOOKGlobally, 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).
Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property
Author: Paul Kuruk
Publisher: Edward Elgar Publishing
Published: 2020-03-28
Total Pages: 613
ISBN-13: 1785368486
DOWNLOAD EBOOKThe book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.
The Multilateral System of Access and Benefit-sharing
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
Published: 2022-01-05
Total Pages: 159
ISBN-13: 925135491X
DOWNLOAD EBOOKThe fourth educational module on the International Treaty focuses on the Multilateral System functions provides an overview of the legal and historical perspectives that lead to the development of the Multilateral System and the list of Annex I crops. It also illustrates the core concepts and articles of Section IV of the International Treaty. The first two lessons are aimed at a broad target learner group, especially at learners that are new to the Multilateral System. Lessons three and four contain practical elements related to the day-to-day operations and may be of interest to those exchanging material and involved in the planning and implementation of the Multilateral System at the national level. All lessons provide an extensive list of resources and references for further reading and learning. It has been designed to contribute to supporting the implementation of the International Treaty and also the Post-2020 Global Biodiversity Framework.
Accessing Biodiversity and Sharing the Benefits
Author: Santiago Carrizosa
Publisher: IUCN
Published: 2004
Total Pages: 332
ISBN-13: 2831708168
DOWNLOAD EBOOKThe book aims to address the lack of information on the experiences of others by providing a comparative analysis of national access and benefit-sharing laws and policies in the 41 Pacific Rim countries that signed the CBD. It provides key insights on the main characteristics of selected access and benefit-sharing (ABS) policies and laws, their development, and implementation process. It contains a detailed comparative analysis of existing laws and policies. It presents four case studies of countries with regulations in place and contrasts them with four case studies of countries that are struggling to develop their regulations. It ends by discussing options of an international regime on ABS and a summary analysis of the main lessons and recommendations from the study.
