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Vol 21 No 11 Nov/Dec 2016

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Intellectual Property, Community Rights and Human Rights: The Biological and Genetic Resources of Developing Countries


ISBN13: 9780415479424
Published: April 2010
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9780415631389



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This book considers the issue of biodiversity in developing countries in relation to intellectual property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil the book examines the access to plant genetic resources and their utilisations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of biopiracy asking whether this should be explored from a North-South perspective, before going on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability.

Subjects:
Intellectual Property Law
Contents:
1. Setting the Scene
2. National Intellectual Property related Biodiversity Regulations
3. Community Rights as Human Rights, Patent and Plant Variety Protection Systems
4. Patent and Plant Variety Protection Systems in Selected Jurisdictions: India, Mauritius, Peru and South Africa
5. The Nexus: Community Rights as Human Rights, Biodiversity Regulations and Intellectual Property Rights
6. Suggested Workable Regulatory Measures
7. Wider Applicability of the Suggested Regulatory Measures
8. Conclusions