Peter W.B. Phillips, Chika B. Onwuekwe's Accessing and Sharing the Benefits of the Genomics PDF

By Peter W.B. Phillips, Chika B. Onwuekwe

ISBN-10: 1402058217

ISBN-13: 9781402058219

This quantity explores the felony, financial and political debate over highbrow estate rights for normal wisdom and genetic assets, reading idea and perform of entry and merits sharing all over the world. The booklet investigates present flashpoints — the conflict among Monsanto and Percy Schmeiser over farmers’ rights; disputes over coexistence of genetically transformed and natural produce; and possession and keep watch over of human genetic fabrics kept in human gene banks round the world.

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For Dutfield, the above definition is an indication that there is some element of scientific basis for Traditional Knowledge (TK) notwithstanding its distinguishable uniqueness. Consequently, he states: 38 CHIKA B. ONWUEKWE Some TK is, at least to some degree, scientific even if the form of expression may seem unscientific to most of us. For example, an indigenous person and a scientist may both know that quinine bark can cure malaria. But they are likely to describe what they know in very different ways that may be mutually unintelligible (even when communicated in the same language) (Dutfield, 2001b).

In addition, sovereignty is not claimable by individual states over such areas or resources (Brownlie, 1998). Rather, like the high seas, which have the “character of res communis,”11 common heritage resources are “open to the use and enjoyment of all states on an equal basis” (Brownlie, 1998). The common heritage concept is similar to the concept of common-pool resources. ” With respect to excludability, they reiterate that if the cost of trying to exclude potential beneficiaries from using the resources or consuming the goods is prohibitive then it is not worth it.

Free riding has been described as “situations where some individuals (albeit institutions and corporations also) “free ride” on the efforts of other individuals to provide either the good itself or the set of rules (and their monitoring and enforcement)” for sustaining a resource (Becker and Ostrom). Surprisingly, the free rider problem is not a major concern in the decision to deny IPR protection to traditional knowledge of the uses of plant germplasm. This being the case, are there inherent limitations or other convincing reasons why the incontrovertibly valuable indigenous knowledge about the uses of PGRs is excluded from patent protection?

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Accessing and Sharing the Benefits of the Genomics Revolution by Peter W.B. Phillips, Chika B. Onwuekwe

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