Description
Book SynopsisThis book examines current developments in international law which regulate the uses of plant genetic resources for food and agriculture, and the various property regimes which are applied to these resources by these international agreements.
Trade Review'Camena Guneratne's thought-provoking book critically evaluates the clash between the private property approach to genetic resources embedded in international intellectual property conventions, and the competing values embedded in a variety of other conventions and laws. She contests key assumptions behind intellectual property regimes supporting genetic commerce, distinguishing the genetic "commons" from other types of resource. This book provides a comprehensive scholarly dealing with the topics noted in its title, but also should increase debate about policy failures in responding to the risks to the underprivileged of the instruments we use to pursue our economic interests of the majority.' - Paul Martin, University of New England, Australia 'This is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Dr Guneratne rectifies this mistake. In doing so, she shows us that in many of the most importance instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.' --- Alexander Gillespie, University of Waikato, New Zealand
Table of ContentsContents: 1. Introduction 2. Overview of Plant Genetic Resources for Food and Agriculture 3. The Uses of Biological Resources 4. Property Regimes Over Biological Resources 5. The International Environmental Regime on Plant Genetic Resources and Traditional Knowledge 6. Farmers, Indigenous and Local Communities and Traditional Knowledge 7. The International Property Rights Regime 8. The Plant Protection Provisions of UPOV, the TRIPS Agreement and Bilateral Treaties 9. Access and Benefit Sharing Measures 10. Sui Generis Legislation 11. Disclosure of Origin of Genetic Resources and Traditional Knowledge 12. The Recognition of Traditional Knowledge as Prior Art 13. Conclusion Index
