Accessing and Sharing the Benefits of the Genomics Revolution
There is a veritable gold rush mentality in the life science world as scientists, entrepreneurs and multinationals are staking claims to the ‘code of life’ embodied in the world’s current stock of plants, animals, microbes and human populations. In respon
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The International Library of Environmental, Agricultural and Food Ethics VOLUME 11
Editors Michiel Korthals, Dept. of Applied Philosophy, Wageningen University, Wageningen, The Netherlands Paul B. Thompson, Dept. of Philosophy, Purdue University, West Lafayette, U.S.A. Editorial Board Timothy Beatley, University of Virginia, Charlottesville, U.S.A. Lawrence Busch, Dept. of Sociology, Michigan State University, Lansing, U.S.A. Anil Gupta, Centre for Management in Agriculture, Gujarat, India Richard Haynes, Dept. of Philosophy, University of Florida, Gainesville, U.S.A. Daryl Macer, The Eubios Ethics Institute, University of Tsukuba, Ibaraki, Japan Ben Mepham, Centre for Applied Bio-Ethics, School of Biosciences, University of Nottingham, Loughborough, United Kingdom Dietmar Mieth, University of Tübingen, Tübingen, Germany Egbert Schroten, Utrecht University, Utrecht, The Netherlands
ACCESSING AND SHARING THE BENEFITS OF THE GENOMICS REVOLUTION
Edited by
Peter W.B. Phillips University of Saskatchewan, Saskatoon, SK, Canada
and
Chika B. Onwuekwe University of Calgary, AB, Canada
A C.I.P. Catalogue record for this book is available from the Library of Congress.
ISBN 978-1-4020-5821-9 (HB) ISBN 978-1-4020-5822-6 (e-book)
Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. www.springer.com
Printed on acid-free paper
All Rights Reserved © 2007 Springer No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work.
CONTENTS
Contributors
vii
Acknowledgements
ix
Part One: ACCESS AND BENEFITS SHARING IN CONTEXT 1. Introduction to the Challenge of Access and Benefit Sharing Peter W.B. Phillips and Chika B. Onwuekwe
3
Part Two: SHARING THE BENEFITS OF INVENTIONS, PGRS AND TRADITIONAL KNOWLEDGE 2. Ideology of the Commons and Property Rights: Who Owns Plant Genetic Resources and the Associated Traditional Knowledge? Chika B. Onwuekwe 3. Farmers’ Privilege and Patented Seeds Peter W.B. Phillips
21
49
4. Traditional Knowledge and Benefit Sharing: From Compensation to Transaction David Castle and E. Richard Gold
65
5. Biological Resources, Intellectual Property Rights and International Human Rights: Impacts on Indigenous and Local Communities Donna Craig
81
6. Lost in Translation? The Rhetoric of Protecting Indigenous Peoples’ Knowledge in International Law and the Omnipresent Reality of Biopiracy Ikechi Mgbeoji
111
Part Three: IMPLEMENTING ACCESS AND BENEFITS SHARING 7. Liability Principles and their Impact on Access and Benefits Sharing Lara Khoury v
145
vi
CONTENTS
8. Beyond the Rhetoric: Population Genetics and Benefit-Sharing Lorraine Sheremeta and Bartha Maria Knoppers 9. Bioprocessing Partnerships in Practice: A Decade of Experie
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