Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as "folk knowledge" or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.
'Biopiracy' refers either to the unauthorised extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious 'inventions' based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date. The book synthesises the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.
Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.
Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.
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.
Legal Protection for Traditional Knowledge calls attention to the vital contributions that aboriginal knowledge makes to global development and how the legal systems in place, particularly in India, must change to protect this knowledge.This book is a must-read for researchers in economics, development studies, and international law.
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 Dictionary presents a broad range of topics relevant in present-day global bioethics. With more than 500 entries, this dictionary covers organizations working in the field of global bioethics, international documents concerning bioethics, personalities that have played a role in the development of global bioethics, as well as specific topics in the field.The book is not only useful for students and professionals in global health activities, but can also serve as a basic tool that explains relevant ethical notions and terms. The dictionary furthers the ideals of cosmopolitanism: solidarity, equality, respect for difference and concern with what human beings- and specifically patients - have in common, regardless of their backgrounds, hometowns, religions, gender, etc. Global problems such as pandemic diseases, disasters, lack of care and medication, homelessness and displacement call for global responses.This book demonstrates that a moral vision of global health is necessary and it helps to quickly understand the basic ideas of global bioethics.
