Intellectual Property, Biogenetic Resources and Traditional Knowledge

A comprehensive volume on the relationships between intellectual property, biogenetic resources as they exist in nature and in the form of commercial products and knowledge relating to practical applications of these resources, including traditional knowledge. The book delves into how these three topics relate to conservation and sustainable use of biodiversity, benefit sharing from commercial use of biodiversity, biotechnological innovation and technology transfer, agriculture, food security and nutrition, rural development, and health and international equity. Part I clarifies the economic importance of industries that use biogenetic resources and traditional knowledge, the extent to which they are dependent upon them, and the way that modern intellectual property rights (IPR) law has evolved to meet their needs. It also describes the relevant international law. Part II shows how stronger IPR protection in the area of life science innovation and biogenetic resources has given rise to controversies. Part III focuses on traditional knowledge protection. Part IV covers international negotiations and policy-making, and legislative initiatives of national governments. Part V focuses on two developing countries, India and Kenya, assessing how far such countries, taking into account the international rules as they currently exist, may harness their natural endowments to develop their economies, and whether success will encourage the conservation and sustainable use of the resource base. The book adopts a multidisciplinary approach, and will appeal to those new to the subject and to those with some grounding in the subject including students, academics, legal practitioners, government policy-makers and the private sector.

Graham Dutfield is senior research fellow at Queen Mary, University of London.