Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-10T02:45:56.823Z Has data issue: false hasContentIssue false

Chapter 4 - Clearing the Air: Applying the Intellectual Property Framework to National, Community, and Individual Rights in The Convention on Biological Diversity

Published online by Cambridge University Press:  05 March 2012

Tomme Young
Affiliation:
Consultant on International Environmental Law and Policy
Get access

Summary

Rights over genetic resources and traditional knowledge (TK) are founded in the law and the protracted discussion over access and benefit sharing (ABS) is largely a question of the law. A primary task of the Museum of Bioprospecting, Intellectual Property, and the Public Domain (MUBIO) is to clarify a few basic facts of the:

  1. legal commitment that States have “sovereign rights” over the genetic resources within their borders

  2. complementary commitment to respect, preserve, recognize traditional knowledge (TK) and when consent is given, promote its wider application, and “encourage the equitable sharing” benefits derived from such knowledge

  3. international recognition of the primary governance principles of due process of law, equal protection, and equity, and

  4. trajectory of the Trade Related Intellectual Property (TRIPs) and bilateral free-trade accords.

Once such knowledge is acquired (Bloom's Level One), the visitor can begin to participate in the international conversation about the evolving Convention on Biological Diversity (CBD).

You mean to tell me, that after all that hullabaloo about climbing Bloom's pyramid, you're kicking me down from Level Six to Level One? (The interloper from the previous chapters seems especially irascible, irritated for having agreed to listen to more than one legal argument, after a lifetime of telling the joke about the blood in the water, the sharks, and professional courtesy.)

The manner in which the law deals with bioprospecting is a “lawyers derby” of academic publications and doctoral dissertations.

Type
Chapter
Information
Publisher: Anthem Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×