indigenous peoples consent and benefit sharing lessons from the san hoodia case

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Indigenous Peoples Consent And Benefit Sharing

Author : Rachel Wynberg
ISBN : 9048131235
Genre : Law
File Size : 63. 48 MB
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Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.

Benefit Sharing

Author : Doris Schroeder
ISBN : 9789400762053
Genre : Law
File Size : 64. 72 MB
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Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to benefit sharing. A series of recommendations address possible ways forward to achieve justice for research participants in low- and middle-income countries.

The 2010 Nagoya Protocol On Access And Benefit Sharing In Perspective

Author : Elisa Morgera
ISBN : 9789004217201
Genre : Law
File Size : 62. 34 MB
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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.

Unraveling The Nagoya Protocol

Author : Elisa Morgera
ISBN : 9789004217188
Genre : Law
File Size : 33. 46 MB
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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.

Global Health And International Community

Author : John Coggon
ISBN : 9781780935591
Genre : Political Science
File Size : 33. 96 MB
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Global health arguably represents the most pressing issues facing humanity. Trends in international migration and transnational commerce render state boundaries increasingly porous. Human activity in one part of the world can lead to health impacts elsewhere. Animals, viruses and bacteria as well as pandemics and environmental disasters do not recognize or respect political borders. It is now widely accepted that a global perspective on the understanding of threats to health and how to respond to them is required, but there are many practical problems in establishing such an approach. This book offers a foundational study of these urgent and challenging problems, combining critical analysis with practically focused policy contributions. The contributors span the fields of ethics, human rights, international relations, law, philosophy and global politics. They address normative questions relating to justice, equity and inequality and practical questions regarding multi-organizational cooperation, global governance and international relations. Moving from the theoretical to the practical, Global Health and International Community is an essential resource for scholars, students, activists and policy makers across the globe.

Equitable Access To Human Biological Resources In Developing Countries

Author : Roger Chennells
ISBN : 9783319197258
Genre : Medical
File Size : 68. 34 MB
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The main question explored by the book is: How can cross-border access to human genetic resources, such as blood or DNA samples, be governed in such a way as to achieve equity for vulnerable populations in developing countries? The book situates the field of genomic and genetic research within global health and research frameworks, describing the concerns that have been raised about the potential unfairness in exchanges during recent decades. Access to and sharing in the benefits of human biological resources are aspects not regulated by any international legal framework such as the Convention on Biological Diversity, which applies only to the exchange of plants, animals and microorganisms, as well as to associated traditional knowledge. Examples of genetic research perceived as exploitative are provided in order to illustrate the legal vacuum concerning the global governance of human genetic resources. The main conclusions drawn from the legal and ethical analysis are: • Benefit sharing is crucial in order to avoid the exploitation of developing countries in human genetic research. • With functioning research ethics committees, undue inducement is less of a concern in genetic research than in other areas of medical research (e.g. clinical trials). • Concerns remain over research involving indigenous populations; accordingly, recommendations are provided. In drawing these conclusions, the book addresses in detail a highly pressing topic in global bioethics and international law. In this regard, it combines bioethical arguments with jurisprudence, in particular with reference to the law of equity and the legal concepts of duress (coercion), unconscionable dealing, and undue inducement.

Poor People S Knowledge

Author : J. Michael Finger
ISBN : 9780821383698
Genre : Law
File Size : 68. 97 MB
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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.

Traditional Knowledge In Policy And Practice

Author : Suneetha M. Subramanian
ISBN : 9280811916
Genre : Political Science
File Size : 35. 81 MB
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Traditional knowledge (TK), the longstanding traditions and practices of certain communities, has contributed immensely to shaping development and human well-being. Its influence spans a variety of sectors, including agriculture, health, education, and governance. However, TK is increasingly underrepresented or underutilized. And, while the applicability of TK to human and environmental welfare is well recognized, collated information on how TK contributes to different sectors is not easily accessible. This book focuses on the relevance of TK to key environment-and development-related sectors. It discusses the current debates within each of these sectors and presents suggestions as to how TK can be effectively integrated with conventional science and policy. A valuable resource to researchers, academics, and policymakers, Traditional Knowledge in Policy and Practice provides a comprehensive overview of TK and its links and contributions to social, economic, environmental, ethical, and political issues. "This collection, which comprises chapters by experts from a wide range of backgrounds, including traditional knowledge-holding communities, should leave policymakers in no doubt that protecting TK is not only vital for indigenous peoples but for the common future of all of humanity."—Graham Dutfield, professor of international governance, School of Law, University of Leeds

Intellectual Property In Molecular Medicine

Author : Salim Mamajiwalla
ISBN : 1621820831
Genre : Medical
File Size : 49. 54 MB
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"As universities increasingly spin off biotech companies and academics work more closely with these companies and the pharma industry, it is essential that they gain an understanding of intellectual property law and patenting. This book introduces the basic ideas and discusses how they apply to biomedical research and product development in the age of genomics"--

The Commercial Use Of Biodiversity

Author : Kerry ten Kate
ISBN : 9781853839412
Genre : Science
File Size : 53. 26 MB
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• First ever collection of findings about the proliferation of urban agriculture written by the world’s leading authority in the field• Urban agriculture feeds hundreds of millions of people worldwide and is a rapidly emerging issue in urban and developm

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