1st Edition

Genetic Resources, Traditional Knowledge and the Law Solutions for Access and Benefit Sharing

Edited By Evanson C. Kamau, Gerd Winter Copyright 2009
    528 Pages
    by Routledge

    530 Pages
    by Routledge

    The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests.

    This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

    Introduction Part I: Theorizing on ABS 1. Access to Genetic Resources and Benefit Sharing - Underlying Concepts and the Idea of Justice 2. Towards regional common pools of genetic resources. Improving the effectiveness and justice of access and benefit sharing 3. The Diversity of Principles Underlying the Concept of Benefit-Sharing 4. ABS in Relation to Marine Genetic Resources Part II: Traditional Knowledge from New Perspectives 5. Potential of Traditional Knowledge for Conventional Therapy: Prospects and Limits 6. Setting Protection of Traditional Knowledge to Rights: Placing Human Rights and Customary Law at the Heart of Traditional Knowledge Governance 7. A Socio-Legal Inquiry into the Protection of Disseminated Traditional Knowledge - Learning From Brazilian Cases 8. Protecting Traditional Knowledge amid Disseminated Knowledge: A New Task for ABS Regimes? A Kenyan Legal View Part III: Recent Developments in Exemplary Countries 9. The Law Making Process of Access and Benefit Sharing Regulations - The Case of Kenya 10. Brazil's Experience in Implementing its ABS Regime: Suggestions for Reform and the Relationship with the International Treaty on Plan Genetic Resources for Food and Agriculture (ITPGR) 11. Finding a Path through the ABS Maze: Challenges of Regulating Access and Ensuring Fair Benefit-Sharing in South Africa 12. The Process of Legislation on ABS in China: A New Long March 13. The Role of INBio in the Use of Biodiversity for Sustainable Development: Forming Bioprospecting Partnership 14. Australian ABS Law and Administration - A Model Law and Approach? Part IV: Provider Country Measures 15. Prior Informed Consent in Access to Traditional Knowledge in Brazil 16. Design and Functions of Data Bases on Traditional Knowledge: The case of Venezuela 17. Biopiracy or Fallacy? Identifying Real Biopiracy Cases in Ecuador 18. Sharing the Benefits of Using Traditionally Cultured Genetic Resources Fairly 19. Streamlining Access Procedures and Standards 20. Capacity Development in a Changing World: Three Years of the ABS Capacity Development Initiative for Africa - achievements and Perspectives Part V: User Countries Measures 21. Disclosure Requirement: A Critical Appraisal 22. Enforcement of Benefit Sharing Duties in User Countries' Courts 23. Enforcement of ABS Agreements in User States Annex 1: Australian Model Access and Benefit Sharing Agreement Annex 2: Japan's Penal Code 22. Enforcement of ABS Agreements in User States 23. ABS Guidelines of Research Foundations Part VI: Common Pools 24. The ABS Regime of the Itpgrfa and Other Emerging ABS Issues at Fao: Lessons for the CBD 25. The ABS Regime of Botanical Gardens: The Case of RBG Kew. Lessons for the CBD 26. ABS in Relation to Marine Genetic Resources 27. Towards Regional Common Pools of Genetic Resources. Improving the Effectiveness and Justice of Access and Benefit Sharing


    Evanson C. Kamau is Senior Research Fellow at the Research Centre for European Environmental Law (FEU), University of Bremen, Germany. Gerd Winter is Professor of Public Law and Sociology of Law and Co-Director of FEU, University of Bremen, Germany.

    'An excellent job in bringing together some of the most recent and 'state of the art' thoughts and ideas regarding genetic resources, intellectual property and traditional knowledge. A must read for those exploring the complex scientific, cultural, economic and social dimensions of these issues and, in particular, the role of public policy and law in this regards.' Manuel Ruiz Muller, Director Programa de Asuntos Internacionales y Biodiversidad, Lima, Per 'The debate on biodiversity access and benefit sharing has stagnated in recent years. New ideas are lacking, views continue to be polarised, and existing regimes are mostly unworkable. This book breaks the mould, offering an impressive array of balanced analyses, fresh ideas and perspectives, and thoughtful and realistic prescriptions. It should be required reading for all ABS policymakers and others interested in finding solutions rather than scoring political points and recycling sterile rhetoric.' Graham Dutfield, Professor of International Governance, University of Leeds, UK