Genetic Resources and Traditional Knowledge

Genetic Resources and Traditional Knowledge

Case Studies and Conflicting Interests

Elgar Intellectual Property and Global Development series

Edited by Tania Bubela and E. Richard Gold

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing.

Chapter 3: A Comparative Analysis of Access and Benefits-Sharing Systems

Rebecca Crookshanks and Peter W.B. Phillips

Subjects: development studies, development studies, environment, biotechnology, law - academic, intellectual property law


Rebecca Crookshanks and Peter W.B. Phillips INTRODUCTION The use of traditional knowledge and associated genetic resources in modern biotechnology has created a complex tangle of claims over rights, entitlements and expectations of access, ownership and reward. As interest in the role and value of indigenous genetic resources has grown, a high-stakes debate has erupted over the establishment of rules and principles concerning the conditions for the resources’ access and use, as well as how the benefits derived from such use should be shared with the communities from which the resource and associated knowledge first originated. A wide range of political processes and actors are involved in the discussion but a satisfactory agreement has yet to be reached. The challenge for all participating actors is to find an effective and lasting framework for achieving a comprehensive and fair benefits sharing system that can regulate the tangled interests in current and future proceedings. Although important legislative advancements have been made at the national, regional and international levels, access and benefit-sharing (ABS) systems are currently implemented using readily available, but often piecemeal, approaches. There is a large variance between individual agreements and, although most draw upon one or more existing international conventions (including the World Trade Organization’s Trade Related Aspects of Intellectual Property Rights [TRIPS] Agreement, the Doha Declaration, the Convention on Biological Diversity (CBD) and the World Intellectual Property Organization), few are grounded on a common understanding of the need to recognize and protect ownership of knowledge in all its forms, especially...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information