Rights to Plant Genetic Resources and Traditional Knowledge: Basic Issues and Perspectives

Voorkant
Susette Biber-Klemm, Thomas Cottier
CABI, 2006 - 400 pagina's
This book discusses the means, instruments and institutions to create incentives to promote conservation and sustainable use of traditional knowledge and plant genetic resources for food and agriculture, in the framework of the world trade order. It approaches these topics on a broad basis: it analyses in depth the option to create specific sui generis intellectual property rights of the TRIPS Agreement. It then discusses the ways to support the maintenance of information which cannot be allocated to specific authors, and examines alternative concepts within the trade of traditionally generated information and related products. This book will be of significant interest to those studying and researching biotechnology, plant breeding, genetic resources, intellectual property law and agricultural economics.

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Inhoudsopgave

TOWARDS SUI GENERIS RIGHTS
155
OPTIONS FOR COLLECTIVE AND TRADE POLICY MEASURES
281
Index
392
Copyright

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Pagina 75 - The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.
Pagina 4 - Biological diversity" means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part: this includes diversity within species, between species and of ecosystems.
Pagina 39 - Social and economic inequalities are to be arranged so that they are both: (a) to the greatest benefit of the least advantaged, consistent with the just savings principle, and (b) attached to offices and positions open to all under conditions of fair equality of opportunity.
Pagina 290 - Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2 Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Pagina 61 - Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices...
Pagina 126 - Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
Pagina 127 - ... b. the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or c.
Pagina 57 - States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies...
Pagina 189 - ... the conservation and sustainable use of plant genetic resources for food and agriculture.
Pagina 99 - intellectual property" shall include the rights relating to: - literary, artistic and scientific works, - performances of performing artists, phonograms, and broadcasts, - inventions in all fields of human endeavor, - scientific discoveries, - industrial designs, - trademarks, service marks, and commercial names and designations, - protection against unfair competition, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

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