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Bubela, Tania; Gold, Richard E. --- "Genetic Resources and Traditional Knowledge" (Edward Elgar Publishing, 2012) [2012] ELECD 319

Editor(s): Bubela, Tania; Gold, Richard E.

Title: Genetic Resources and Traditional Knowledge

Sub-title: Case Studies and Conflicting Interests

Series: Elgar Intellectual Property and Global Development series

Topics: Development Studies; Biotechnology; Intellectual Property Law

Publisher: Edward Elgar Publishing

Date of Publication: 30 March 2012

Number of pages: 392

ISBN (hard cover): 9781848442238

ISBN (soft cover): 9781781005453

EISBN: 9781781002629

Abstract/Description:

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing.

Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests – through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada – that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries.

Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policymakers and those interested in the environment, indigenous peoples’ rights and innovation will find the book an enlightening resource.