Intellectual Property, Biodiversity and Sustainable Development : Resolving the Difficult Issues

Intellectual Property, Biodiversity and Sustainable Development : Resolving the Difficult Issues

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  • 製本 Hardcover:ハードカバー版/ページ数 104 p.
  • 言語 ENG
  • 商品コード 9781842772348
  • DDC分類 341.75

Table of Contents

    Background to the International Debate         9  (6)
Trips, Iprs and Traditional Knowledge 15 (36)
Traditional Knowledge and the Link to 15 (1)
Community Rights
The Value of and the Threats to 16 (4)
Traditional Knowledge
Value of traditional knowledge 16 (2)
Threats to traditional knowledge 18 (2)
Misappropriation of Traditional 20 (9)
Biodiversity Knowledge, or the
``Biopiracy'' Phenomenon
General 20 (3)
The general situation on patenting of 23 (1)
living organisms
Patenting in agriculture 23 (4)
Patenting on medicines 27 (2)
Some Views of Indigenous Peoples 29 (6)
Options and Attempts to Redress the 35 (16)
Situation
Introduction 35 (1)
Banning the patenting of living 36 (1)
organisms
Restricting plant breeders' rights 37 (1)
Mitigating measures: An appropriate 38 (1)
interpretation of TRIPS and sui generis
systems
Prior informed consent from countries 39 (1)
of origin
Digital database on traditional 40 (1)
knowledge
Community registers for traditional 40 (1)
knowledge
Patenting of traditional knowledge by 40 (1)
local innovators?
Incorporating traditional knowledge 41 (1)
into Trips?
Community intellectual rights act/policy 42 (2)
National legislation on biodiversity 44 (1)
access and benefit-sharing
OAU model law and convention on 45 (2)
community rights and access to
biological resources
Non-IPRs systems of reward, incentive 47 (1)
and benefit-sharing
National programmes promoting 48 (3)
traditional knowledge
The Relationship between Trips and the CBD 51 (18)
Introduction 51 (1)
Inherent Tensions in the IPRs Provisions 51 (3)
of the CBD
Other Tensions between TRIPS and the CBD 54 (9)
Differences in rationale, origins and 54 (1)
overall framework
National sovereignty versus rights of 55 (1)
foreign IPRs holders
Conflict between private rights of IPRs 56 (2)
holders and community rights of
traditional knowledge holders
Differing treatment of innovators using 58 (1)
modern technology and traditional
knowledge
System of prior informed consent of 59 (1)
states and communities (under CBD)
versus unilateral patent actions by
private companies and researchers
(under TRIPS)
Differences in benefit-sharing 60 (1)
arrangements
Treatment of the environment 61 (2)
Options to Redress the Situation 63 (6)
Maintaining the status quo 63 (1)
Encouraging countries to use their 64 (2)
options under TRIPS and the CBD in
favour of sustainable development
Reforms to TRIPS and the CBD to make 66 (3)
them consistent with
sustainable-development objectives
Trips and Article 27.3(b) 69 (18)
Introduction 69 (1)
Patentability of Living Organisms and 70 (6)
Processes: Distinctions between Plants,
Animals and Micro-organisms; and between
Biological and Microbiological Processes
Protection of Plant Varieties 76 (8)
Conclusions and Suggestions 84 (3)
IPRs, Trips and Technology Transfer 87 (15)
Technology Transfer in the ``Environment 87 (1)
and Development'' Process
IPRs and Technology Transfer 88 (4)
Case Study of Effect of IPRs on 92 (4)
Implementation of the Montreal Protocol
TRIPS, Technology and the Environment 96 (3)
Major concerns about effects of TRIPS 96 (1)
on the environment
Excluding the patenting of 97 (1)
environmentally harmful technologies
and products
Relaxing IPRs standards for 98 (1)
environmentally sound technologies
TRIPS, biological resources and plant 98 (1)
varieties
Provisions in TRIPS for Technology 99 (3)
Transfer
References 102