Rights to Plant Genetic Resources and Traditional Knowledge

Basic Issues and Perspectives

August 2006
More details
  • Publisher
  • Published
    7th August 2006
  • ISBN 9780851990330
  • Language English
  • Pages 448 pp.
  • Size 6.875" x 9.75"

This book discusses the means, instruments and institutions needed to create incentives to promote the conservation and sustainable use of traditional knowledge and plant genetic resources for food and agriculture, within the framework of the world trade order. It analyzes 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.

Part I General Framework
Problem and Goals
The Current Law of Plant Genetic Resources and Traditional Knowledge
Intellectual Property Rights, Plant Genetic Resources, and Traditional Knowledge

Part II Towards Sui Generis Rights
Origin and Allocation of Traditional Knowledge and Landraces
Part 1: Origin and Allocation of Traditional Knowledge and traditional PGRFA: Basic Questions
Part 2: Farmers, Landraces, and Property Rights: Challenges to Allocating Sui Generis Intellectual
Property Rights to Communities over their Varieties
A New Generation of IPR for the Protection of Traditional Knowledge in PGR for Food, Agricultural and Pharmaceutical Uses
Flanking Policies in National and International Law

Part III Options for Collective and Trade Policy Measures
New Collective Policies
International Trade Regulation for Plant Genetic Resources and Related Products
Part 1: The Impact on Agricultural Subsidies
Part 2: Enhancing Market Access

Susette Biber-Klemm

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Thomas Cottier

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