Intellectual Property, Community Rights and Human Rights
The Biological and Genetic Resources of Developing Countries
This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability.
Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
Table of Contents
1. Setting the Scene 2. Patents, Plant Breeders' Rights (PBRs) and Community Rights in International Forums 3. Community Rights and Selected National Regulatory Instruments 4. Selected International and Regional Human Rights Instruments and their Provisions on Community Rights and Intellectual Property Rights 5. Incursion in the 'Biopiracy' Debate: Modern Exploitation of Biodiversity Components of Developing Countries and Community Rights 6. Soft and Regional Undertakings Aimed at Community Rights 7. Broader Framework of the Suggested Regulatory Measures 8. Applicability of the Regulatory Measures 9. Final Remarks
Marcelin Tonye Mahop is a Programme Officer and policy expert with the Congo Basin Ecosystems Conservation Support Programme of the Economic Community of Central African States, and provides technical support on genetic resources policies in the context of the GIZ-implemented Access and Benefit Sharing Initiative Programme "Implementing the Biodiversity Convention". He obtained his doctorate in intellectual property law at the Centre for Commercial Law Studies, Queen Mary, University of London, UK.