Confronting Biopiracy

Author: Daniel F. Robinson
Publisher: Earthscan
ISBN: 1849774714
Format: PDF, ePub, Docs
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'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.

Intellectual Property and Traditional Knowledge in the Global Economy

Author: Teshager W. Dagne
Publisher: Routledge
ISBN: 1317701925
Format: PDF, Mobi
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Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

Indigenous People s Innovation

Author: Peter Drahos
Publisher: ANU E Press
ISBN: 1921862785
Format: PDF, Mobi
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Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of intellectual property when it comes to supporting innovation by indigenous people.

Global Politics of Health

Author: Sara Davies
Publisher: Polity
ISBN: 0745640419
Format: PDF, Kindle
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International responses to the outbreak of SARS, the spread of HIV/AIDS, and the promotion of health as a human right all demonstrate how global politics have a profound effect on the way we think about and respond to major health challenges. Despite a growing interest in the relationship between health and international relations there has yet to be a systematic study of the links between them. Global Health Issues aims to fill this gap - ultimately showing how world politics can be good, or bad, for your health. This book calls for a more nuanced understanding of the nature of the current global health crisis and the political dilemmas faced by those responsible for the development and implementation of responses to it. By charting these debates and showing how they shape the way actors think about key issues relating to health, such as people movement; infectious disease; the business of health; and the consequences of war; this volume provides an innovative and comprehensive introduction to health and international relations for students of global politics, health studies and related disciplines.

Medical Care at the End of Life

Author: David F. Kelly
Publisher: Georgetown University Press
ISBN: 1589011120
Format: PDF, ePub
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For over thirty years, David F. Kelly has worked with medical practitioners, students, families, and the sick and dying to confront the difficult and often painful issues that concern medical treatment at the end of life. In this short and practical book, Kelly shares his vast experience, providing a rich resource for thinking about life's most painful decisions. Kelly outlines eight major issues regarding end-of-life care as seen through the lens of the Catholic medical ethics tradition. He looks at the distinction between ordinary and extraordinary means; the difference between killing and allowing to die; criteria of patient competence; what to do in the case of incompetent patients; the meaning and use of advance directives; the morality of hydration and nutrition; physician-assisted suicide and euthanasia; and medical futility. Kelly's analysis is sprinkled with significant legal decisions and, throughout, elaborations on how the Catholic medical ethics tradition—as well as teachings of bishops and popes—understands each issue. He provides a helpful glossary to supplement his introduction to the terminology used by philosophical health care ethics. Included in Kelly's discussion is his lucid description of why the Catholic tradition supports the discontinuation of medical care in the Terry Schiavo case. He also explores John Paul II's controversial papal allocution concerning hydration and nutrition for unconscious patients, arguing that the Catholic tradition does not require feeding the permanently unconscious. Medical Care at the End of Life addresses the major issues that inform this last stage of caregiving. It offers a critical guide to understanding the medical ethics and relevant legal cases needed for clear thinking when individuals are faced with those crucial decisions.

Vulnerability

Author: Henk ten Have
Publisher: Routledge
ISBN: 1317227891
Format: PDF, ePub, Mobi
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Alongside globalization, the sense of vulnerability among people and populations has increased. We feel vulnerable to disease as new infections spread rapidly across the globe, while disasters and climate change make health increasingly precarious. Moreover, clinical trials of new drugs often exploit vulnerable populations in developing countries that otherwise have no access to healthcare and new genetic technologies make people with disabilities vulnerable to discrimination. Therefore the concept of ‘vulnerability’ has contributed new ideas to the debates about the ethical dimensions of medicine and healthcare. This book explains and elaborates the new concept of vulnerability in today’s bioethics. Firstly, Henk ten Have argues that vulnerability cannot be fully understood within the framework of individual autonomy that dominates mainstream bioethics today: it is often not the individual person who is vulnerable, rather that his or her vulnerability is created through the social and economic conditions in which he or she lives. Contending that the language of vulnerability offers perspectives beyond the traditional autonomy model, this book offers a new approach which will enable bioethics to evolve into a global enterprise. This groundbreaking book critically analyses the concept of vulnerability as a global phenomenon. It will appeal to scholars and students of ethics, bioethics, globalization, healthcare, medical science, medical research, culture, law, and politics.

The Custodians of Biodiversity

Author: Manuel Ruiz
Publisher: Routledge
ISBN: 1136582177
Format: PDF, Kindle
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Globally, 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).

Poor People s Knowledge

Author: J. Michael Finger
Publisher: World Bank Publications
ISBN: 0821383698
Format: PDF, Mobi
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How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.

Unraveling the Nagoya Protocol

Author: Elisa Morgera
Publisher: Martinus Nijhoff Publishers
ISBN: 9004217185
Format: PDF, Docs
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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.