Genetic resources and traditional knowledge: Case studies and conflicting interests

Authors

Tania M. Bubela, University of Alberta, CanadaFollow
E. Richard Gold, McGill University, Canada

Files

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.

Table of Contents

Introduction : Indigenous Rights and Traditional Knowledge / Tania Bubela and E. Richard Gold -- Part 1. The international legal legal and political landscape -- WIPO, Genetic Resources and TK: The Evolution of a Formal Intellectual Property Agreement Protecting TK : Associated with Genetic Resources / Charles Lawson -- A Comparative Analysis of Access and Benefits Sharing Systems / Rebecca Crookshanks and Peter W.B. Phillips -- From Traditional Medicines to Modern Drugs / Graham Dutfield -- Part 2. Case Studies -- Brazil : Property Rights, Biocultural Resources and Two Tragedies : Some Lessons from Brazil / Edson Beas Rodrigues Jr. -- Kenya : Old Wine in New Skin : Traditional Knowledge and Customary Law Under the Evolving Normative Environment in Kenya / Kent Nnadozie -- India : Sustaining the Indigenous Knowledge Commons / Ashok Kumbamu -- Canada : Canada's First Nations' Policies and Practices Related to Managing Traditional Knowledge / Peter W.B. Phillips ... [et al.] -- Aboriginal Rights and Traditional Ecological Knowledge in Northern Canada / Cherie Metcalf and Tania Bubela -- Respecting and Aligning Knowledge Systems in Northern Canada : Beyond the International Polar Year / David S. Hik, Tania Bubela and Scot Nickels -- Part 3. Conclusion -- A Capabilities-Based Framework / Julia Carbone--Index.

Publication Information

Edward Elgar Publishing, Cheltenham, 2012

Series

Elgar Intellectual Property and Global Development series

ISBN

9781848442238

Keywords

Traditional, Knowledge, Rights, Genetic, Resources, Indigenous, Peoples, Innovation, Access, Law, Rights, Case studies

Comments

This work was published before Tania joined Aga Khan University.

Recommended Citation

Bubela, T. M. , Gold, E. R. (Eds.). (2012). Genetic resources and traditional knowledge: Case studies and conflicting interests, p. 392.
Available at: https://ecommons.aku.edu/books/170