Biodiversity and the Law : Intellectual Property, Biotechnology and Traditional Knowledge book cover
1st Edition

Biodiversity and the Law
Intellectual Property, Biotechnology and Traditional Knowledge

ISBN 9781844078165
Published October 27, 2009 by Routledge
520 Pages

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Book Description

How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, aims to address this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.

Table of Contents

Biodiversity, Biotechnology and Traditional Knowledge Protection: Law, Science and Practice * Part I: Biodiversity: What are We Losing and Why - And What is to be Done? * The Epic of Evolution and the Problem of Biodiversity Loss * Naturalizing Morality * Across the Apocalypse on Horseback: Biodiversity Loss and the Law * Impact of the Convention on Biological Diversity: The Lessons of Ten Years of Experience with Models for Equitable Sharing of Benefits * Biodiversity, Botanical Institutions and Benefit Sharing: Comments on the Impact of the Convention on Biological Diversity * The Link Between Biodiversity and Sustainable Development: Lessons from INBio‘s Bioprospecting Programme in Costa Rica * On Biocultural Diversity from a Venezuelan Perspective: Tracing the Interrelationships Among Biodiversity, Culture Change and Legal Reforms * From the Tragedy of the Commons to the Tragedy of the Commonplace : Analysis and Synthesis through the Lens of Economic Theory * Part II: Biotechnology: Part of the Solution or Part of the Problem - Or Both? * Biodiversity, Biotechnology and the Environment * Principles Governing the Long-run Risks, Benefits and Costs of Agricultural Biotechnology * Costa Rica: Biodiversity and Biotechnology at the Crossroads * Biotechnology for Sustainable Agricultural Development in Africa: Opportunities and Challenges * Biotechnology: Public-Private Partnerships and Intellectual Property Rights in the Context of Developing Countries * Agricultural Biotechnology and Developing Countries: The Public Intellectual Property Resource for Agriculture (PIPRA) * Commentary on Agricultural Biotechnology * The Birth and Death of Traditional Knowledge: Paradoxical Effects of Biotechnology in India * Part III: Traditional Knowledge: What Is It and How, If At All, Should It Be Protected? * From the Shaman‘s Hut to the Patent Office: A Road Under Construction * Traditional Knowledge: Lessons from the Past, Lessons for the Future * The Demise of Common Herita

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Charles McManis is the Thomas and Karole Green Professor of Law and Director of the Intellectual Property and Technology Law Program at Washington University, USA, where he specializes in international intellectual property and environmental law.


'Improving the international governance of biodiversity is a very necessary but enormous challenge. These top quality essays, which comprise the finest collection published so far on this controversial subject, provide a rich and diverse source of informed perspectives.' Graham Dutfield, Centre for International Governance, University of Leeds 'This book provides a detailed examination of the contemporary debate on how to reconcile global economic development with the preservation of our biological and cultural diversity. This debate brings into tension human rights with intellectual property and industrial development with food security. Professor McManis is to be commended for compiling this important, inter-disciplinary compendium of perspectives.' Michael Blakeney, Professor of Law, Queen Mary College, University of London 'Biodiversity and the Law is a very timely and relevant publication. It has managed to capture and present most of the key and critical issues surrounding debates over and relations between biodiversity, biotechnology, intellectual property and traditional knowledge. A must read for anyone seeking to understand the far reaching policy, legal, economic and social implications of current discussions over these issues.' Manuel Ruiz, lawyer with the Peruvian Environmental Law Society