Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime.
Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime.
Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime.
Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources.
Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
1. Finding Solutions to the Intractable ABS Problems Charles Lawson,
Fran Humphries and Michelle Rourke Theme 1 Governance issues (working
better)
2. The CBDs Term Sovereign Right(s) Does Not Necessarily Mean
Sovereignty Todd Berry
3. Common Heritage or Sovereign Resource? The World
Health Organisations Inconsistent Approach to Pathogen Sharing Mark
Eccleston-Turner and Michelle Rourke
4. Access and Benefit Sharing in a
Pandemic Treaty and Future International Public Health Agreements Sam F.
Halabi
5. Access and Benefit Sharing and Biodiversity Conservation: The
Unrealized Connection Rachel Wynberg and Sarah Laird
6. Message in a Bottle:
DNA Computers Challenge Access and Benefit Sharing Regulation Fran Humphries,
Michelle Rourke and Charles Lawson Theme 2 Digital Sequence Information
and Dealing with Information
7. What Should We Mean by Open Access? Marcel
Jaspars and Abbe E.L. Brown
8. Value Judgements and the Management of Digital
Sequence Information Under the International Access and Benefit Sharing
Regime Michelle Rourke
9. Access and Benefit Sharing and Digital Sequence
Information: Unravelling the Knot Christine Frison and Elsa Tsioumani
10.
Compatible or Incompatible? DSI, Open Access and Benefit Sharing Rodrigo
Sara, Andrew Lee Hufton and Amber Hartman Scholz
11. Access and Benefit
Sharing and Digital Sequence Information in Africa: A Critical Analysis of
Contemporary Concerns in Regional Governance Titilayo Adebola and Daniele
Manzella Theme 3 Embracing Indigenous Peoples and local communities
12.
Biocultural Community Protocols: Making Space for Indigenous and Local
Cultures in Access and Benefit Sharing? Christine Frison, Louisa Parks and
Elsa Tsioumani
13. Access and Benefit Sharing and Biocultural Protocols in
the Pacific Daniel Robinson and Margaret Raven
14. ABS or Access Before
Sharing: A Samoan Perspective Solamalemalo Saeumalo Hai Yuean Faatapepe
Menime Tualima and Kathy Bowrey Theme 4 Compliance measures for the users
of genetic resources
15. ABS from the Perspective of an Intellectual Property
Professional at a Public Research Institution Mukul Ranjan
16. Which Nagoya
Protocol? User Driven Solutions to the Legal Uncertainty Created by Nagoya
Brad Sherman
17. The Torres Strait Eight: Climate Litigation, Biodiversity,
Human Rights and Indigenous Intellectual Property Matthew Rimmer
18.
Monitoring Compliance with Nagoya: Lessons from India on Building a
Techno-legal Infrastructure to Track Bioprospecting Activities Allison Fish
Charles Lawson is Professor of Law at Griffith University Law School, Australia.
Michelle Rourke is CSIRO Synthetic Biology Future Science Fellow at Griffith University Law School, Australia.
Fran Humphries is Senior Lecturer at Queensland University of Technology, Australia.
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