People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society

This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.

Provides a detailed analysis of the economic and scientific rationales for biodiversity conservation.

Cultural property, aboriginal people, ethnobiology, legal status, laws.

The biological wealth of our planet is represented by the biodiversity that surrounds us. Our future wellbeing depends on the care and conservation that we practice to protect and enhance that biodiversity, which resides mostly in developing countries. Yet, the holders of traditional knowledge remain poor, while those exploiting it commercially become prosperous. As we utilize recombinant DNA technology to achieve food security and other goals, serious apprehension has arisen in the public mind with regard to the impact of genetically modified crops on our environment and health. Similarly, the long-term impact of gene therapy is not known either. These dilemmas and their ethical implications are examined in this book in the context of intellectual property rights and international cooperation.

The rate of extinction of biological species is greater today than at any time in the last 65 million years. Some predict that if this rate continues, two-thirds of all living species will disappear during the next century. Because reaching consensus on specific courses of action involves complex issues, any adequate response to this impending crisis must include coverage of many areas of inquiry and understanding. Protection of Global Biodiversity features essays by distinguished international experts who communicate with each other across disciplinary boundaries to address the challenge of formulating policies to protect biodiversity. Although the global community has recently adopted a Convention of Biological Diversity, the agreement sets forth only abstract goals. Contributors to this volume advance the Convention's initial steps by providing workable solutions that can be implemented regionally, nationally, and locally. The contributors--including natural, social, and political scientists; economists; lawyers; and environmentalists; and decisionmakers in business, agriculture, and government--have united to create a common discourse and to evaluate and propose strategies for halting this alarming loss of biodiversity. In recognizing the diverse aspects of this task--scientific, economic, institutional, moral, and legal--this book presents a new picture of emerging action. Contributors. S. James Anaya, Gregory Benford, Graciela Chichilnisky, S. Todd Crider, Yvonne Cripps, Robert T. Fraley, Anil K. Gupta, Lakshman D. Guruswamy, G. M. Heal, Brent Hendricks, Robert B. Horsch, Laura L. Jackson, Annie Lovejoy, Ariel E. Lugo, Jeffrey A. McNeely, Brian G. Norton, Elinor Ostrom, Peter H. Raven, John W. Reid, Walter V. Reid, Mark Sagoff, Roger A. Sedgo, R. David Simpson, Ana Sittenfeld, Christopher D. Stone, Gary H. Toenniessen

Conservation of biodiversity is a fundamental concern towards securing a sustainable future. This volume argues that despite various domestic and international policies and legal frameworks on biodiversity conservation -- be it forest, wildlife, marine, coastal, etc. -- their implementation suffers from many deficiencies. It explores the factors that hinder effective implementation of these policies and frameworks. It also analyses existing laws, both international and domestic, to identify inherent problems in the existing legal system. The book maintains that careful adherence to established procedures and protocols, public awareness, filling the lacuna in legal framework, and a strong political will are sine qua non for effective conservation of biodiversity and sustainable development. The volume defends the protection of traditional knowledge and participation of indigenous communities along with reinforcements of intellectual property in this regard. It also commends the role played by the Indian judiciary, especially the Supreme Court of India and India's National Green Tribunal for the preservation and enhancement of natural resources by applying established as also evolving principles of environmental law. This book will be useful to scholars and researchers of environmental studies, development studies, policy studies and law related to biodiversity and conservation.