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Articles 1 - 6 of 6
Full-Text Articles in Law
Bioprospecting And Biolaw In Brazil: Uncertainties In The Legal And Executory Context, Wilson Jesus Beserra Almeida Professor
Bioprospecting And Biolaw In Brazil: Uncertainties In The Legal And Executory Context, Wilson Jesus Beserra Almeida Professor
Wilson Jesus Beserra Almeida
This study aims to investigate the regulation of Bioprospecting in Brazil, especially in regard to the appropriateness of the legislation to the principles of the Convention on Biological Diversity (CBD) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) as well as to assert about the care that has been afforded in the covenants contained in clauses signed between Brazil and other countries, in order to preserve the diversity and integrity of the genetic patrimony of the country.
Bioprospecting Or Biopiracy: Does The Trips Agreement Undermine The Interests Of Developing Countries?, Lowell Bautista
Bioprospecting Or Biopiracy: Does The Trips Agreement Undermine The Interests Of Developing Countries?, Lowell Bautista
Lowell Bautista
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) created within the framework of the World Trade Organization (WIO) poses a contentious discord between developed and developing nations. The criticism that TRIPS is nothing more than a modern vehicle of western imperialism encapsulates the perception that the TRIPS is inimical to the interests of developing countries. The ostensible failure of the wro regime to raise the living standards of developing countries, a centerpiece putative effect of economic liberalization heralded in the Uruguay Round, miserably highlighted the fundamental social, cultural and widening economic differences between the two bipolarized camps.
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Protecting The Diversity Of The Depths: Environmental Regulation Of Bioprospecting And Marine Scientific Research Beyond National Jurisdiction, Robin M. Warner
Robin Warner
As scientific knowledge of marine areas beyond national jurisdiction increases and developments in oceans technology permit greater access to the high seas water column and the deep seabed, new and more intensive uses of these areas occur with consequential impacts on the marine environment. The discovery of hydrothermal vents in 1977 revealed communities of organisms with unique genetic and biochemical properties which can be used for a seemingly limitless catalogue of medical, pharmaceutical and industrial applications. Similar repositories of genetic and biochemical resources have been discovered in other deep sea environments such as cold water seeps and it is expected …
Genetic Source Disclosure In The United States, Laura Grebe
Genetic Source Disclosure In The United States, Laura Grebe
Laura Grebe
Bioprospecting and biopiracy are an increasing problem, particularly for developing nations. Large companies, usually from developed nations, gather biological samples to use in research, and often patent the results without sharing profits with the nations from which the biological samples were taken. The Convention on Biological Diversity (CBD) attempted to address these issues by stating that natural resources belong to the source nations, and entities wishing to use those resources should obtain prior informed consent before using them. The CBD, however, lacks an enforcement mechanism. Other nations and organizations have proposed amendments to Agreement on Trade-Related Aspects of Intellectual Property …
The Sorcerer Ii Expedition: Intellectual Property And Biodiscovery, Matthew Rimmer
The Sorcerer Ii Expedition: Intellectual Property And Biodiscovery, Matthew Rimmer
Matthew Rimmer
This article considers the significance of a leading marine biodiscovery initiative. In March 2004, Dr. J. Craig Venter announced the official launch of the Sorcerer II Expedition, a scientific expedition of discovery, which would survey marine and terrestrial microbial populations. The Expedition has the potential to uncover tens of thousands of new microbial species and tens of millions of new genes. Venter has disavowed that the Sorcerer II Expedition has any commercial ambitions. However, some have viewed the Sorcerer II Expedition with suspicion. Various civil society groups have accused the Expedition of engaging in ‘biopiracy’. This article investigates the Convention …
Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer
Blame It On Rio: Biodiscovery, Native Title, And Traditional Knowledge, Matthew Rimmer
Matthew Rimmer
This article examines the legal responses to protect traditional knowledge of biodiversity in the wake of the Rio Convention on Biological Diversity. It considers the relative merits of the inter-locking regimes of contract law, environmental law, intellectual property law, and native title law. Part 1 considers the natural drug discovery industry in Australia. In particular, it looks at the operations of Amrad, Astra Zeneca R & D, and the Australian Institute of Marine Science. This section examines the key features of the draft regulations proposed under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - model contracts, informed consent, …