1st Edition
State Agency and the Patenting of Life in International Law Merchants and Missionaries in a Global Society
By Bita Amani
Copyright 2009
400 Pages
by
Routledge
400 Pages
by
Routledge
400 Pages
by
Routledge
Also available as eBook on:
How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a... Read more
Contents: Foreword; Preface; Regulatory diversity and the patenting of life; The promise and perfidy of patents; Origins of the patented species: of mice and men, and the sincerity of 'invention'; The global governance of trade: trading in political ethics; TRIP'ing over human rights: a legitimacy crisis at the WTO; The sovereign right to self-determination: from agency to development and dignity; Reconciling competing international obligations: the equitable conduct defence and the stewardship of the WTO; Conclusion: Selected bibliographic sources; Index.
Biography
Bita Amani is Assistant Professor in the Faculty of Law, Queen's University, Canada. Her research interests are in the areas of Intellectual Property Law (domestic and International), Regulating Genetics and New Technologies, Biopiracy and Protection of Traditional and Cultural Knowledge, Regulatory and Ethical Issues of Medical/Scientic Research and its commercialization, Globalization and Social Justice, International Law, Regulatory Diversity, and Torts.
'Dr Amani's book is a fine work of scholarship. It mounts a powerful, original and sophisticated critique of the trade-related intellectual property regime. However, it does not just criticise; indeed, its prescription, based on the elaboration of an equitable conduct defence consistent with universal human rights norms, demands serious consideration.' Graham Dutfield, University of Leeds, UK 'Amani persuades readers through her extensive political and legal analysis that states not only have significant legal agency when it comes to responding to the patenting of life forms, but that they must deploy it responsibly to exercise sovereignty under globalizing conditions. This is an important and timely intervention. Rosemary J. Coombe, Canada Research Chair, York University, Canada
