The first chapter of the book presents the background of the protection of traditional knowledge and genetic resources. It sets out the legal framework, the modern challenges with regard to traditional knowledge protection and the approach adopted by the book. Furthermore, this chapter provides the basic elements for the methodological framework adopted in order to evaluate the alternative forms of protection for traditional knowledge associated to genetic resources, namely efficiency (Coase) and fairness (Rawls).
This introductory chapter traces the political forces which influence telecoms regulation. EU regulatory objectives and principles are discussed, as are economic forces that influence the field. An overview of legislative approaches in the US and EU are given. The chapter concludes with a discussion of the challenges faced by EU regulators.