Accessing and Sharing the Benefits of the Genomics Revolution (The International Library of Environmental, Agricultural and Food Ethics Book 11)

There is a veritable gold rush mentality in the life science world as scientists, entrepreneurs and multinationals are staking claims to the ‘code of life’ embodied in the world’s current stock of plants, animals, microbes and human populations. This edited volume explores the legal, economic and political context for the debate about intellectual property rights for traditional knowledge and genetic resources and critically analyses the theory and practice of access and benefits sharing efforts around the world. The book also investigates the current flashpoints – the David and Goliath battle between Monsanto and Percy Schmeiser over farmers’ rights; the dispute over coexistence of GM and organic production; and the ownership and control of human genetic materials stored in human gene banks around the world. 1402058217......Page 1 Contents......Page 6 Contributors......Page 8 Acknowledgements......Page 10 Part One: ACCESS AND BENEFITS SHARING IN CONTEXT......Page 11 1. Introduction to the Challenge of Access and Benefit Sharing......Page 12 Part Two: SHARING THE BENEFITS OF INVENTIONS, PGRS AND TRADITIONAL KNOWLEDGE......Page 27 2. Ideology of the Commons and Property Rights: Who Owns Plant Genetic Resources and the Associated Traditional Knowledge?......Page 28 3. Farmers' Privilege and Patented Seeds......Page 56 4. Traditional Knowledge and Benefit Sharing: From Compensation to Transaction......Page 72 5. Biological Resources, Intellectual Property Rights and International Human Rights: Impacts on Indigenous and Local Communities......Page 87 6. Lost in Translation? The Rhetoric of Protecting Indigenous Peoples' Knowledge in International Law and the Omnipresent Reality of Biopiracy......Page 117 Part Three: IMPLEMENTING ACCESS AND BENEFITS SHARING......Page 149 7. Liability Principles and their Impact on Access and Benefits Sharing......Page 150 8. Beyond the Rhetoric: Population Genetics and Benefit-Sharing......Page 161 9. Bioprocessing Partnerships in Practice: A Decade of Experiences at INBio in Costa Rica......Page 187 Part Four: ACCESS AND BENEFIT SHARING IN THE NEW MILLENNIUM......Page 200 10. Conclusions: New Paths to Access and Benefit Sharing......Page 201 E......Page 211 P......Page 212 W......Page 213 There is a veritable gold rush mentality in the life science world as scientists, entrepreneurs and multinationals are staking claims to the 'code of life' embodied in the world's current stock of plants, animals, microbes and human populations. In response, the communities that see themselves as the custodians of both that traditional knowledge and specific genetic resources have demanded greater recognition of their role in creating and conserving this resource, access to any resulting improvements and a share of the benefits arising from their patrimony. This has precipitated a widespread effort--in local communities, in the marketplace, in many developing and developed countries and at the talks in the Doha Round of the WTO--to reconcile the interests and concerns of the two opposing groups. This edited volume explores the legal, economic and political context for the debate about intellectual property rights for traditional knowledge and genetic resources and critically analyses the theory and practice of access and benefits sharing efforts around the world. The book also investigates the current flashpoints--the David and Goliath battle between Monsanto and Percy Schmeiser over farmers' rights; the dispute over coexistence of GM and organic production; and the ownership and control of human genetic materials stored in human gene banks around the world. This volume explores the legal, economic and political debate over intellectual property rights for traditional knowledge and genetic resources, analyzing theory and practice of access and benefits sharing around the world. The book investigates current flashpoints — the battle between Monsanto and Percy Schmeiser over farmers’ rights; disputes over coexistence of genetically modified and organic produce; and ownership and control of human genetic materials stored in human gene banks around the world.