Today sees the release in paperback of the first book by Millicent Ligare in this field.
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014.
Now the debates are in full swing across the world about how to implement the protocol at the domestic level.
If you feel perplexed by topics such as “International access and benefit sharing regimes under the CBD, ITPGRA, IGC & TRIPS”- then this is the book for you.
Written for everybody interested in the Nagoya Protocol, those who did not realise it existed, and those who do not know how it will affect them, this concise, but extensively referenced work, is a must for students of the topic.
This book demystifies
The historical background to the protection of IPRs
What is ‘Access and Benefit Sharing’?
The position of ABS under the CBD
The position of ABS under the TRIPS Agreement
Patent applications and the utilisation of GR, post-CBD and post-TRIPS
The implications for ABS, patent applications and utilisation of genetic resources, after Nagoya.
The author: Millicent Ligare is an Advocate of the High Court of Kenya, and holds an LLM from the University of the West of England, Bristol.
Johanna Gibson is Herchel Smith Professor of Intellectual Property Law and Director of the Queen Mary Intellectual Property Research Institute (QMIPRI) and many of us will know her past contributions to the excellent IPKat blog (IPKat is a registered Community Trade Mark 🙂
“In this paper we seek to understand better how a biodiversity resource use value in production is determined, and how the real value is obscured by the fact that the resource is largely open access. We attempt to analyse how special arrangements, set on top of a basic framework in which the resource open access is limited in what it can achieve and in the ‘price’ that will emerge from any transaction between the buyers of the rights and the sellers of the rights. The whole volume allows us to read the ideas presented at last October’s CBD conference in Nagoya.”
There is of course a lot more to read:
“This volume is therefore characterized by a selection of papers that address issues such as: incentives for R&D in the economic sectors that use products of bioprospecting; implications of recent legal changes on access to genetic resources on sharing of knowledge; understanding better the nature of partnerships for access and benefit sharing in diverse sectors that use genetic materials; the nature of special agreements for access and benefit sharing and why they result in a low market price for the ‘owners’ of the resources;”Yoy