Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing (Routledge Research in Intellectual Property)

"Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers' rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture."--Provided by publisher Cover Half Title Title Page Copyright Page Dedication Table of Contents List of illustrations Notes on contributors Abbreviations Acknowledgements 1. Biodiversity, genetic resources and intellectual property 2. Reconceptualising access: moving beyond the limits of international biodiversity laws 2.1 Introduction 2.2 How did access emerge as a concern? 2.3 How is access perceived? 2.4 How to reconceptualise access? 2.5 Conclusions 3. Aligning means and ends to benefit Indigenous Peoples under the Convention on Biological Diversity and the Nagoya Protocol 4. Banking on a patent solution for sharing Antarctica’s ex situ genetic resources 4.1 Introduction 4.2 The framework governing Antarctic genetic resources 4.3 Gap in regulating ex situ resources – the tip of the iceberg 4.4 The tidal wave of applicable ABS-related instruments 4.5 A patent solution for regulating Antarctica’s ex situ resources 4.6 Conclusion 5. Nomenclature as a standardised metadata system for ordering and accessing information about plants 5.1 Introduction 5.2 The evolving naming practices 5.3 The current codes 5.4 Alternative code proposals 5.5 Discussion and conclusions 6. Free prior informed consent – mere politics or meaningful change? Introduction A rationale for managing policy risk Relevant principles and instruments Australia’s legal position – informed consent and biological resources Costs, risks and Indigenous engagement Public policy failure and spill over risks Making engagement requirements reliable? Failures of obligatory engagement Systematic evaluation of the risks 7. The Trans-Pacific Partnership and sustainable development: access to genetic resources, informed consent, and benefit sharing 7.1 Introduction 7.2 The TPP: Indigenous intellectual property, access to genetic resources and biodiversity 7.3 The TPP: the environment, biodiversity and access to genetic resources 7.4 The TPP, intellectual property and sustainable development 7.5 Conclusion 8. The limits of ABS laws: why Gumbi Gumbi and other bush foods and medicines need specific indigenous knowledge protections 8.1 Introduction 8.2 Methods, patents and ‘prior art’: using public domain information and administrative processes to prevent biopiracy 8.3 Gumbi Gumbi (Pittosporum angustifolium) 8.4 Soap Tree (Alphitonia excelsa) and Giant Water Lily (Nymphaea gigantea) 8.5 Operationalisation of ABS laws: closing gaps and legal avoidance 9. Reshaping the international access to genetic resources and benefit sharing process? Overcoming resistance to change and correction 9.1 Introduction 9.2 The status of ABS regimes around the world: a rapid assessment 9.3 The problems and challenges: is another approach to ABS neededand what might it look like? 9.4 Resistance to correction and change by decision makers and practitioners in ABS 9.5 Conclusions 10. Certified ABS: the Union for Ethical Biotrade and the use of trade and certification marks to encourage and facilitate behaviour change 10.1 Introduction 10.2 ABS marks in context: using marks to facilitate fair and equitable ABS 10.3 ABS marks as drivers of behavioural change 10.4 The Union for Ethical Biotrade 10.5 Observations and guidance on the use of ABS marks 10.6 Concluding remarks Index There has been a deliberative, but as yet unsuccessful, attempt by scholars and policy makers to articulate a more meaningful idea of Europe, which would enhance the legitimacy of the European Union and provide the basis for a European identity. Using a detailed analysis of the writings of Nietzsche, Elbe seeks to address this problem and argues that Nietzsche's thinking about Europe can significantly illuminate our understanding. He demonstrates how Nietzsche's critique of nationalism and the notion of the'good European'can assist contemporary scholars in the quest for a vision of Europe and a definition of what it means to be a European citizen.