Accessing and Sharing the Benefits of the Genomics Revolution
Accessing and Sharing the Benefits of the Genomics Revolution

Author: Peter W.B. Phillips

Publisher: Springer Science & Business Media

Published: 2007-05-09

Total Pages: 213

ISBN-13: 1402058225

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This volume explores the legal, economic and political debate over intellectual property rights for traditional knowledge and genetic resources, analyzing theory and practice of access and benefits sharing around the world. The book investigates current flashpoints — the battle between Monsanto and Percy Schmeiser over farmers’ rights; disputes over coexistence of genetically modified and organic produce; and ownership and control of human genetic materials stored in human gene banks around the world.

Marine Genetic Resources, Access and Benefit Sharing
Marine Genetic Resources, Access and Benefit Sharing

Author: Bevis Fedder

Publisher: Routledge

Published: 2013-05-29

Total Pages: 230

ISBN-13: 1134122152

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Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST – Integrated Coastal Zone and Shelf-Sea Research.

Indigenous Peoples, Consent and Benefit Sharing
Indigenous Peoples, Consent and Benefit Sharing

Author: Rachel Wynberg

Publisher: Springer Science & Business Media

Published: 2009-09-30

Total Pages: 375

ISBN-13: 9048131235

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Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.

Reciprocity in Population Biobanks
Reciprocity in Population Biobanks

Author: Ma'n H. Zawati

Publisher: Academic Press

Published: 2021-09-22

Total Pages: 204

ISBN-13: 0323913482

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Reciprocity in Population Biobanks: Relational Autonomy and the Duty to Inform in the Genomic Era begins by discussing how current judicial interpretation keeps standard of disclosure at the core of genomic research. The book then outlines multiple limitations individualistic autonomy faces in the context of gene and population biobanks, including an analysis of the complexities of benefit considerations in the research setting. Second, the book explores how individualistic autonomy fails to acknowledge the multilateral relationships implicated in genomic research, including those that affect the broader research community, research participants' families, and the general public. In carrying out this analysis, this book pays special attention to alternative approaches and ways researchers, public health officials, and judicial bodies might interact in years to come. In other words, implementing an understanding of relational autonomy that acknowledges and sustains the multilateral relationships found in genomic research without compromising the rights of participants. In short, this book proposes a reconceived duty to inform for researchers and a new standard of disclosure that is more meaningful and impactful for research participants and researchers. - Examines the limitations individualistic autonomy faces in the context of gene and population biobanks - Proposes a reconceived duty to inform for researchers and a new standard of disclosure more meaningful to genomic research participants - Suggests ways researchers, public health officials, and judicial bodies might interact to drive genomic research while still protecting research participants

Genetic Resources, Justice and Reconciliation
Genetic Resources, Justice and Reconciliation

Author: Chidi Oguamanam

Publisher: Cambridge University Press

Published: 2019

Total Pages: 301

ISBN-13: 1108470769

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Presents 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.

Equitable Access to Human Biological Resources in Developing Countries
Equitable Access to Human Biological Resources in Developing Countries

Author: Roger Scarlin Chennells

Publisher: Springer

Published: 2015-07-17

Total Pages: 206

ISBN-13: 3319197258

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The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: • Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. • With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). • Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.

Emerging Technologies
Emerging Technologies

Author: Edna F. Einsiedel

Publisher: UBC Press

Published: 2009-07-01

Total Pages: 357

ISBN-13: 0774858656

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How should we think about these radical technologies? Too often our social reactions to new technologies occur only in hindsight, after a technology has penetrated the marketplace. However, recent experience teaches that much may be gained by practising forethought and foresight. Emerging Technologies addresses the ethical, legal, and social dimensions of emerging technologies and assesses their social and policy implications. Contributors examine the development, impact, and governance of new technologies emerging from a variety of fields, including biotechnology, genetics, stem cell research, pharmacology, and nanotechnology.

Decentering Biotechnology
Decentering Biotechnology

Author: Michael S. Carolan

Publisher: Routledge

Published: 2016-04-08

Total Pages: 201

ISBN-13: 1317154088

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Decentering Biotechnology explores the nature of technology, objects and patent law. Investigating the patenting of organic life and the manner in which artifacts of biotechnology are given their object-ive appearance, Carolan details the enrollment mechanisms that give biotechnology its momentum. Drawing on legal judgements and case studies, this fascinating book examines the nature of object-ification, as a thought and a thing, without which biotechnology, as it is done today, would not be possible. Unable to reject biotechnology per se, recognizing that such a rejection would essentialize the very object-ive categories shown to be manufactured, Carolan ultimately argues for doing biotechnology differently. A theoretically sophisticated analysis of the nature of objects and the role of technology as a form of life which shapes the social landscape, Decentering Biotechnology engages with questions of power, globalization, development, resistance, exclusion, and participation that arise from treating biological objects differently from conventional property forms. As such, it will appeal to social theorists, sociologists and philosophers, as well as scholars of law and science and technology studies.

Socio-Economic Considerations in Biotechnology Regulation
Socio-Economic Considerations in Biotechnology Regulation

Author: Karinne Ludlow

Publisher: Springer Science & Business Media

Published: 2013-12-03

Total Pages: 311

ISBN-13: 1461494400

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Within the context of the Convention on Biological Diversity (CBD), the Cartagena Protocol on Biosafety (CPB) was established as an implementing agreement. The CPB is an international agreement establishing the rights of recipient countries to be notified of and to approve or reject the domestic import and/or production of living modified organisms (LMOs). Decisions regarding import/production are to be on the basis of a biosafety assessment. Article 26.1 of the CPB allows for the (optional) inclusion of socio-economic considerations (SECs) into that biosafety assessment process. This book compiles expert assessments of the issues relevant to SEC assessment of LMOs and fundamental for decisions regarding whether to undertake such assessments at all. It includes an overview of the inclusion of SEC assessment in the regulation of LMOs that looks at the rationale for the inclusion of SECs, in the context of the existing science-based risk assessment systems. This book reviews the various factors that can and have been suggested for inclusion in SEC assessment, and provides a meaningful dialogue about the contrasts, benefits and tradeoffs that are, and will, be created by the potential move to the inclusion of SECs in the regulation of LMOs, making it of interest to both academics and policy-makers.

Justice in Genetics
Justice in Genetics

Author: Louise Bernier

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 271

ISBN-13: 1849806446

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Providing new insight into the ideas surrounding one of the longest running and hotly debated governmental issues – the global access to healthcare challenge – Louise Bernier develops an original theoretical framework that builds upon cosmopolitan liberal theory. This groundbreaking analysis offers a useful justification for engaging in a global and more equitable redistribution of health-related resources. The author examines if and how this theory of distribution translates into positive law and analyzes the barriers to legal compliance and global distributive justice in health. Other topics analyzed in this book include: intellectual property and international human rights, and the extent to which the philosophy and structure of each of these normative systems furthers the goal of distributing benefits equitably and globally; the use of strong and original normative landmarks to justify relying on a cosmopolitan approach to global justice based on health needs; and the social, political, economic and legal obstacles and opportunities resulting from the commercialization of the quickly evolving field of genetics. Ultimately, the book exemplifies the groundwork needed to initiate policy discussions and to eventually undertake concrete changes to achieve international redistribution of the resources emerging from genetics. As such, it will be of great value to students and scholars interested in health, law, human rights and intellectual property.