Accessing and Sharing the Benefits of the Genomics Revolution

There is a veritable gold rush mentality in the life science world as scientists, entrepreneurs and multinationals are staking claims to the 'code of life' embodied in the world's current stock of plants, animals, microbes and human populations. In response, the communities that see themselves as the custodians of both that traditional knowledge and specific genetic resources have demanded greater recognition of their role in creating and conserving this resource, access to any resulting improvements and a share of the benefits arising from their patrimony. This has precipitated a widespread effort-in local communities, in the marketplace, in many developing and developed countries and at the talks in the Doha Round of the WTO-to reconcile the interests and concerns of the two opposing groups.

This edited volume explores the legal, economic and political context for the debate about intellectual property rights for traditional knowledge and genetic resources and critically analyses the theory and practice of access and benefits sharing efforts around the world. The book also investigates the current flashpoints-the David and Goliath battle between Monsanto and Percy Schmeiser over farmers' rights; the dispute over coexistence of GM and organic production; and the ownership and control of human genetic materials stored in human gene banks around the world.

Contenu

Access and Benefits Sharing in Context.- to the Challenge of Access and Benefit Sharing.- Sharing the Benefits of Inventions, Pgrs and Traditional Knowledge.- Ideology of the Commons and Property Rights: Who Owns Plant Genetic Resources and the Associated Traditional Knowledge?.- Farmers' Privilege and Patented Seeds.- Traditional Knowledge and Benefit Sharing: From Compensation to Transaction.- Biological Resources, Intellectual Property Rights and International Human Rights: Impacts on Indigenous and Local Communities.- Lost in Translation? The Rhetoric of Protecting Indigenous Peoples' Knowledge in International Law and the Omnipresent Reality of Biopiracy.- Implementing Access and Benefits Sharing.- Liability Principles and their Impact on Access and Benefits Sharing.- Beyond the Rhetoric: Population Genetics and Benefit-Sharing.- Bioprocessing Partnerships in Practice: A Decade of Experiences at INBio in Costa Rica.- Access and Benefit Sharing in the New Millennium.- Conclusions: New Paths to Access and Benefit Sharing.