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

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.