Confronting Biopiracy: Challenges, Cases and International DebatesEarthscan, 2010 - 190 ページ '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. |
目次
Chapter 1 Collecting Prospecting Piracy | 1 |
Chapter 2 International Legal Backdrop | 23 |
Chapter 3 PatentRelated Biopiracy Cases | 45 |
Chapter 4 NonPatent Biopiracy Cases | 77 |
Chapter 5 Implications and Ethical Dilemmas What have the Cases Shown? | 101 |
Internationally and Regionally | 117 |
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access and benefit-sharing African Agriculture and/or Article authorities basmati benefit-sharing arrangements benefits biodiversity Biological Diversity biological resources biopiracy bioprospecting breeders breeding camu camu certificate CGIAR claims collection commercial companies concerns cultural databases definition developing countries difficult discussed documents Dutfield export extracts farmers filed first forums gene-banks germplasm groups hoodia impacts India indicated indigenous intellectual property rights interview IPRs issues ITPGRFA jasmine rice Kakadu plum kwao krua misappropriation Model Law negotiations NGOs notes officials organizations Pacific patent applications Patent Cooperation Treaty patent examination patent number Patent Office PBRs Peru plant genetic resources plant varieties plant-variety protection prior art prior informed consent protection of traditional public domain RAFI regional registered regulations relating requirement resources and traditional Robinson rooibos Samoeng scientific significant specific Thai Thailand Trade trademark traditional knowledge traditional medicines Treaty TRIPS Agreement TRIPS Council UPOV USPTO WIPO