Accessing and Sharing the Benefits of the Genomics by Peter W.B. Phillips, Chika B. Onwuekwe PDF

By Peter W.B. Phillips, Chika B. Onwuekwe

ISBN-10: 1402058217

ISBN-13: 9781402058219

This quantity explores the criminal, financial and political debate over highbrow estate rights for normal wisdom and genetic assets, studying idea and perform of entry and advantages sharing all over the world. The booklet investigates present flashpoints — the conflict among Monsanto and Percy Schmeiser over farmers’ rights; disputes over coexistence of genetically converted and natural produce; and possession and keep an eye on of human genetic fabrics saved in human gene banks round the world.

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Traditional knowledge exists first and foremost amongst local farmers and/or indigenous peoples, and within their communities. The free communication of traditional knowledge amongst these communities does not strictly jeopardize its essence as something new outside PGR source communities. 24 Therefore, the argument for denying IPRs protection to PGRs appears inapplicable to the traditional knowledge of source communities about the various uses of germplasm. Although this knowledge is usually passed down from one generation to another, each generation adds to the existing knowledge in the same way that scientists utilize existing knowledge to innovate.

Thus, they disagree with the widespread notion in Western paradigm that PGRs are part of the common heritage of humankind on the basis that such opinion falls short of the international recognition of sovereign rights over resources found within a country’s territory. They also argue for a change in this “capitalist conspiracy” against developing countries. ” Indeed, Eyzaguirre and Dennis (2003) point out that the value of PGR goes beyond its physical attributes. ” This is particularly useful to local cultivars that depend on it for most of their livelihood.

With patents, three criteria must exist before an invention will qualify as patentable subject matter. These are novelty, inventive step and commercial viability. The idea of an individual inventor enjoying patent monopoly over an invention is virtually non-existent in modern societies. Corporations appear to own more patents than individuals, either through licensing or by funding the research that gave rise to IDEOLOGY OF THE COMMONS AND PROPERTY RIGHTS 39 the invention. In other words, the world is no longer fixated that only individuals can own or apply for patents over an invention.

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Accessing and Sharing the Benefits of the Genomics Revolution by Peter W.B. Phillips, Chika B. Onwuekwe


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