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

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

This quantity explores the criminal, financial and political debate over highbrow estate rights for normal wisdom and genetic assets, interpreting idea and perform of entry and advantages sharing worldwide. The ebook 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 regulate of human genetic fabrics saved in human gene banks round the world.

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Graham Dutfield challenges the above postulations of Stenson and Gray on various grounds. First, he submits that traditional peoples and communities perceive the globalization of the patent regulations applicable in the United States and Europe as a form of neo-colonialism (Dutfield, 2001b). Second, he disagrees with the criteria for patents19 as the basis for non-extension of patent protection to Traditional Knowledge (TK). 20 Third, Dutfield also debunks the notion of individual inventor as part of the reasons for not extending patent protection to traditional knowledge adjudged to be collectively held.

The CBD does not define traditional knowledge. However, it defines biological resources as “genetic resources, organisms or part thereof, population, or any other biotic component of ecosystems with actual or potential use for humanity (The Convention on Biological Diversity, 1992). In addition, Article 8(j) of the Convention mandates contracting parties to “respect, preserve and maintain 32 CHIKA B. ONWUEKWE knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity ” Similarly, neither the Rio Declaration nor Agenda 21 defines “traditional knowledge,” notwithstanding they both used the term in various forms.

It only becomes difficult to achieve if such ideas or products are classified as part of the commons. STATE-OCCURRING PGRS UNDER THE CBD AND THE GLOBAL SEED TREATY The CBD and the current Global Seed Treaty21 are two international agreements that recognize the proprietary nature of state-occurring PGRs (Onwuekwe, 2004). They both acknowledge a source country’s sovereign ownership of germplasm found in its territory. The ownership also extends to ex-situ germplasm originally taken from a source community for storage in gene banks located overseas.

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