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Book
xii, 218 p. : ill. ; 24 cm.
  • Access issues-- national access and use commitments-- valuation and equity-- informed consent-- ex situ issues-- traditional knowledge-- national technology transfer commitments-- role of intellectual property rights in achieving technology transfer objectives.
  • (source: Nielsen Book Data)9780851991979 20160528
The Convention on Biological Diversity is a complex document, particularly in those articles dealing with the ownership and use of genetic resources. While only limited progress has been made in applying the Convention, countries are nevertheless acting unilaterally on its placement of genetic resources as their sovereign right to exploit. This book reviews and synthesizes all of the aspects of these issues. Its focus is the presentation of legal and economic issues regarding the sustainable use and transfer of genetic resources and associated technologies. It also identifies specific steps that can be taken and their expected consequences. Drawing particularly on Articles 8, 9, 15, 16, 18 and 19 of the Convention, it should assist positive action during this juncture in its application. It should be useful for scientists, policy-makers and NGOs, whether from the perspectives of economics or law, or more applied fields such as biological conservation or plant breeding and biotechnology.
(source: Nielsen Book Data)9780851991979 20160528
Green Library
Book
xii, 218 p. : ill. ; 25 cm.
  • Access issues-- national access and use commitments-- valuation and equity-- informed consent-- ex situ issues-- traditional knowledge-- national technology transfer commitments-- role of intellectual property rights in achieving technology transfer objectives.
  • (source: Nielsen Book Data)9780851991979 20160528
The Convention on Biological Diversity is a complex document, particularly in those articles dealing with the ownership and use of genetic resources. While only limited progress has been made in applying the Convention, countries are nevertheless acting unilaterally on its placement of genetic resources as their sovereign right to exploit. This book reviews and synthesizes all of the aspects of these issues. Its focus is the presentation of legal and economic issues regarding the sustainable use and transfer of genetic resources and associated technologies. It also identifies specific steps that can be taken and their expected consequences. Drawing particularly on Articles 8, 9, 15, 16, 18 and 19 of the Convention, it should assist positive action during this juncture in its application. It should be useful for scientists, policy-makers and NGOs, whether from the perspectives of economics or law, or more applied fields such as biological conservation or plant breeding and biotechnology.
(source: Nielsen Book Data)9780851991979 20160528
Law Library (Crown)
Book
xlii, 541 p. : ill. ; 25 cm.
  • The Nagoya Protocol on access and benefit-sharing : innovations in international environmental law / Lyle Glowka and Valérie Normand
  • The international human rights law implications of the Nagoya Protocol / Annalisa Savaresi
  • An analysis of the relationship between the Nagoya Protocol and instruments related to genetic resources for food and agriculture and farmers' rights / Claudio Chiarolla, Sélim Louafi and Marie Schloen
  • A healthy look at the Nagoya Protocol : implications for global health governance / Marie Wilke
  • The law of the sea : a before and an after Nagoya? / Charlotte Salpin
  • The Nagoya Protocol and WTO law / Riccardo Pavoni
  • Implementing the Nagoya Protocol in Africa : opportunities and challenges for African indigenous peoples and local communities / Peter Munyi and Harry Jonas
  • An Asian developing country's view on the implementation challenges of the Nagoya protocol / Gurdial Singh Nijar
  • Challenges in the implementation of the Nagoya Protocol from the perspective of a member state of the European Union : the case of Spain / Alejandro Lago Candeira and Luciana Silvestri
  • Implementation of the Nagoya Protocol in JUSCANZ countries : the unlikely lot / Geoff Burton
  • Implementation of the Nagoya Protocol in Latin America and the Caribbean : challenges and opportunities / Jorge Cabrera Medaglia
  • The implications of the Nagoya Protocol for the ethical sourcing of biodiversity / María Julia Oliva
  • Governing global scientific research commons under the Nagoya Protocol / Tom Dedeurwaerdere, Arianna Broggiato, Selim Louafi, Eric W. Welch and Fulya Batur
  • The role of private international law under the Nagoya Protocol / Claudio Chiarolla
  • An international cooperation perspective on the implementation of the Nagoya Protocol / Tomme Rosanne Young
  • Conclusions / Elisa Morgera, Matthias Buck and Elsa Tsioumani.
The 2010 Nagoya Protocol on Access and Benefit-sharing in Perspective analyses the implications of this innovative environmental treaty for different areas of international law, and its implementation challenges in various regions and from the perspectives of various stakeholders.
(source: Nielsen Book Data)9789004217195 20160612
Law Library (Crown)
Book
xvii, 358 p. ; 24 cm.
  • List of Tables and Boxes * List of Contributors * Foreword * Acknowledgements * List of Acronyms and Abbreviations * 1 Introduction - Graham Dutfield * PART ONE - THE INTERNATIONAL ARCHITECTURE: TRIPS and Development 2 Origins and history of the TRIPS negotiations - Adronico Oduogo Adede 3 The future of IPRs in the multilateral trading system - Frederick Abbott 4 The political economy of the TRIPS Agreement: lessons from Asian countries - Jakkrit Kuanpoth 5 Integrating IPR policies in development strategies - John Barton * TRIPS and the International System on Genetic Resources 6 TRIPS and the FAO International Treaty on Plant Genetic Resources - Robert J L Lettington 7 The Convention on Biological Diversity and the TRIPS Agreement: compatibility or conflict? - Biswajit Dhar * The WIPO Agenda 8 New treaty development and harmonization of intellectual property law - Ruth Okediji * PART TWO - POLICY AND SYSTEMIC ISSUES: Plant Variety Protection and Patents on Life Forms 9 Article 27.3(b) of the TRIPS Agreement: the review process and developments at national and regional levels - Boniface Guwa Chidyausiku 10 The Revised Bangui Agreement and plant variety protection in OAPI countries - Jeanne Zoundjihekpon 11 The world of biotechnology patents - Silvia Salazar 12 The implications of intellectual property for agricultural research and seed production in West and Central Africa - Oumar Niangado and Demba Kebe * TRIPS and Public Health 13 Access to medicines and public policy safeguards under TRIPS - K Balasubramaniam 14 Intellectual property rights and public health in the Revised Bangui Agreement - Rosine Jourdain 15 The TRIPS Agreement and generic production of HIV/AIDS Drugs - Narendra B Zaveri * IPRs and the Protection of Traditional Knowledge 16 International legal protection for genetic resources, traditional knowledge and folklore: challenges for the intellectual property system - Weerawit Weeraworawit 17 Indigenous knowledge and its protection in India - Suman Sahai 18 Access to genetic resources and protection of traditional knowledge in indigenous territories - Grethel Aguilar 19 Traditional knowledge and the biotrade: the Colombian experience - Ana Maria Hernandez Salgar 20 Documentation of traditional knowledge: People's Biodiversity Registers - Ghate Utkarsh 21 Requiring the disclosure of the origin of genetic resources and traditional knowledge: the current debate and possible legal alternatives - David Vivas Eugui * PART THREE - IMPLEMENTING THE TRIPS AGREEMENT 22 Formulating effective pro-development national intellectual property policies - Carlos Correa * Regional Initiatives 23 Implementing the TRIPS Agreement in Africa - Francis Mangeni 24 The African Union Model Law for the Protection of the Rights of Local Communities Farmers and Breeders and the Regulation of Access to Biological Resources - Johnson A Ekpere 25 The Andean Community regimes on access to genetic resources, intellectual property and indigenous peoples' knowledge - Manuel Ruiz 26 The Central American Regional Protocal on Access to Genetic and Biochemical Resources - Jorge Cabrera Medaglia * National Legislative Reforms 27 The Indian experience in the field of IPR's to biological resources and benefit sharing - Atul Kaushik 28 Interlectual property rights and biological resources: current policy and legislative developments in South Africa - Rosemary A Wolson 29 Towards TRIPS compliance: Kenyan's legislative reforms - James Otieno-Odek 30 The Peruvian Law on Protection of the Collective Knowledge of Indigenous people related to Biological Resources - Begona Venero * Annex 1 Agreement on trade-related Aspects of Interlectual Property Rights (extracts) * Annex 2 The Convention on Biological Diversity (extracts) * Annex 3 International Treaty on Plant Genetic Resources for Food and Agriculture (extracts) * Annex 4 participants at the Regional Multi-stakeholder Dialogues on IPRs and Sustainable Development * Index.
  • (source: Nielsen Book Data)9781844070442 20160528
An unprecedented surge in the scope and level of intellectual property rights (IPR) protection has been engulfing the world. This globalizing trend has shifted the balance of interests between private innovators and society at large and tensions have flared around key public policy concerns. As developing nations' policy options to use IPRs in support of their broader development strategy are being rapidly narrowed down, many experts are questioning the "one-size-fits-all" approach to IPR protection and are backing a rebalancing of the global regime. Developing countries face huge challenges when designing and implementing IPR-policy on all levels. This book offers perspectives from a diverse range of developing country participants including civil society participants, farmers, grassroots organizations, researchers and government officials. Contributions from well-known developed country authorities round out the selections.
(source: Nielsen Book Data)9781844070442 20160528
Green Library
Book
xxvi, 417 pages ; 24 cm.
  • PREFACE by Prof. Francesco Francioni ACKNOWLEDGEMENTS LIST OF ABBREVIATIONS TABLE OF CITED LEGAL MATERIALS INTRODUCTION I. The International Debate on Access and Benefit-sharing 1. Asymmetries and the Ethical Rationale for ABS 2. An Incentive-based Approach to Biodiversity Conservation and the Economic Rationale for ABS 3. The ABS Provisions of the CBD II. From the CBD to the Nagoya Protocol via the Bonn Guidelines III. Traditional Knowledge and ABS IV. Indigenous Peoples and Local Communities as Beneficiaries of the CBD and the Nagoya Protocol 1. Internationally Recognized Human Rights of Indigenous Peoples 2. Internationally Recognized Rights of Local Communities 3. Human Rights-related Risks and Opportunities, Limitations and Innovations under the Protocol V. About This Commentary ARTICLE 1 I. Overview II. Objective and Means III. Traditional Knowledge IV. Links with Conservation and Sustainable Use V. Legal and Practical Functions ARTICLE 2 I. Overview II. Utilization of Genetic Resources 1. The Intent 2. The Material a. Derivatives b. Commodities in trade III. Utilization of Traditional Knowledge ARTICLE 3 I. Overview II. Subject-matter Scope 1. Human Genetic Resources III. Outstanding Questions 1. Temporal Scope 2. Spatial Scope ARTICLE 4 I. Overview II. Relationship with Existing Agreements 1. Examples of Existing Agreements III. Relationships with Future Agreements 1. WIPO Negotiations III. Relationship with Specialized ABS Instruments 1. Genetic Resources covered by the ITPGRFA 2. Genetic Resources with Pathogenic Properties 3. Marine Genetic Resources in Areas beyond National Jurisdiction 4. CGRFA ARTICLE 5 I. Overview II. Inter-State Benefit-sharing from the Utilization of Genetic Resources 1. Means of Implementation III. Intra-State Benefit-sharing from the Utilization of Genetic Resources Held by Indigenous and Local Communities 1. States' Obligation 2. 'Established Rights' and Other Qualifications IV. Benefit-sharing from Traditional Knowledge V. The Role of Mutually Agreed Terms VI. Monetary and Non-monetary Benefits ARTICLE 6 I. Overview II. Background III. Access to Genetic Resources: The Inter-State Dimension 1. National Sovereignty over Genetic Resources and Domestic Measures on Access 2. The Concept of State PIC IV. Access to Genetic Resources Held by Indigenous and Local Communities 1. Parties' Obligation 2. The Concept of Community PIC concerning Genetic Resources a. Approval and Involvement b. Community PIC and Private-sector Users V. Access Standards 1. Legal Certainty, Clarity and Transparency 2. Fair and Non-arbitrary Access Rules and Procedures VI. Minimum Procedural Requirements for PIC VII. Minimum Requirements for MAT ARTICLE 7 I. Overview II. Community PIC in relation to Traditional Knowledge III. Qualifications ARTICLE 8 I. Overview II. Research Contributing to Conservation and Sustainable Use 1. Rationale 2. The Obligation III. Genetic Resources and Health-related Emergencies IV. Genetic Resources for Food and Agriculture ARTICLE 9 I. Overview II. Contribution to a Coherent Interpretation of the Three CBD objectives III. Means of Implementation IV. Benefits for Indigenous and Local Communities ARTICLE 10 I. Overview II. The Need for a Multilateral Benefit-sharing Mechanism 1. Transboundary Situations 2. Situations Where It Is Not Possible to Grant or Obtain PIC III. Features of a Global Benefit-Sharing Mechanism IV. Promoting a Coherent Interpretation of the Three CBD Objectives ARTICLE 11 I. Overview II. Obligation to Cooperate III. Transboundary Cooperation concerning Genetic Resources IV. Transboundary Cooperation concerning Traditional knowledge ARTICLE 12 I. Overview II. General Clause 1. Community Protocols III. Obligation to Inform Potential Users IV. Obligation to Support V. Prohibition to Restrict Customary Use and Exchange ARTICLE 13 I. Overview II. National Focal Points III. Competent National Authorities ARTICLE 14 I. Overview II. Link with the CBD Clearinghouse Mechanism III. The Functions of the ABS Clearinghouse IV. Types of Information V. Outstanding Legal Issues ARTICLE 15 I. Overview II. 'Compliance' under Articles 15 and 16: Context and Responses to Conceptual Challenges III. Obligation to Adopt Domestic User-side Measures 1. The Obligation to 'Provide' 2. Means of Implementation IV. Obligation to Enforce V. Obligation to Cooperate ARTICLE 16 I. Overview II. Similarities and Differences vis-a-vis Article 15 III. Lack of Parallel Provisions on Compliance concerning ABS related to Genetic Resources and ABS related to Traditional Knowledge ARTICLE 17 I. Overview II. Checkpoints 1. Characteristics and Functions III. The Internationally Recognized Certificate of Compliance ARTICLE 18 I. Overview II. Dispute Resolution Provisions in MAT III. Opportunity to Seek Recourse IV. Access to Justice and Recognition of Foreign Judgments V. Jurisdiction and Access to Justice in cases of Violation of Provider Country ABS Frameworks ARTICLE 19 I. Overview II. Obligation for Parties III. Mandate for the Protocol's Governing Body ARTICLE 20 I. Overview II. Obligation for Parties III. Mandate for the Protocol's Governing Body ARTICLE 21 I. Overview II. Specific Relevance for Indigenous and Local Communities III. Linkages with Other Provisions ARTICLE 22 I. Overview II. The Obligation to Cooperate III. Country-driven Capacity-building IV. The Capacity of Indigenous and Local Communities and Other Stakeholders V. ABS-related Development Cooperation ARTICLE 23 I. Overview II. Technology Collaboration and Cooperation III. Technology Transfer ARTICLE 24 ARTICLE 25 I. Overview II. Financial Mechanism III. Other Bilateral, Regional and Multilateral Channels for Financial Resources ARTICLE 26 I. Overview II. The Functioning of the COP/MOP III. Relationship with the CBD COP ARTICLE 27 ARTICLE 28 ARTICLE 29 I. Overview II. Functions and Links ARTICLE 30 I. Overview II. Common Features III. Distinctive Features 1. Compliance in Bilateral Relations between Provider and User Countries 2. Compliance vis-a-vis Indigenous and Local Communities 3. Compliance in State-Private Parties Relations IV. Links with Other Protocol Provisions V. Dispute Settlement ARTICLE 31 I. Overview II. Functions and Links FINAL CLAUSES I. Overview II. Signature and Entry into Force III. Reservations IV. Withdrawals V. Official Languages CONCLUSIONS I. Sustainable Development II. Equity III. Due Diligence IV. Environmental Rights V. Final Words of Caution APPENDIX: TEXT OF THE PREAMBLE OF THE NAGOYA PROTOCOL BIBLIOGRAPHY.
  • (source: Nielsen Book Data)9789004217171 20160616
The Nagoya Protocol is an unprecedented international environmental agreement that equally addresses development, distributive justice, and environmental sustainability. With a balanced view of the various possible interpretations of the Protocol provisions, in light of different national and regional perspectives, and a systematic highlighting of its legal innovations, Unraveling the Nagoya Protocol: A Commentary on the Nagoya Protocol on Access and Benefit-sharing to the Convention on Biological Diversity will serve as a seminal work for all those interested in the environment, human rights, economics and both legal and scientific innovations.
(source: Nielsen Book Data)9789004217171 20160616
Law Library (Crown)

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