Globalization and Law – serie

This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.

Protection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.

The concept of creativity, together with concerns over access to creativity and knowledge, are currently the subject of international debate and unprecedented public attention, particularly in the context of international developments in intellectual property laws. Not only are there significant developments at the legal level, with increasing moves towards stronger and harmonized protection for intellectual property, but also there is intense public interest in the concepts of creativity, authorship, personality, and knowledge. In Creating Selves, Johanna Gibson addresses strategic responses to intellectual property, and suggests alternative models for encouraging, rewarding, and disseminating creative and innovative output, which are built upon a critical analysis of and approach to the debate and to the concept of creativity itself. Drawing upon critical theories in authorship, literature, music, the sciences and the arts, Gibson suggests a radical re-consideration of the notion of creativity in the intellectual property debate and the means by which to encourage and sustain creativity in contemporary society.

How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.

How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.

The concept of creativity, together with concerns over access to creativity and knowledge, are currently the subject of international debate and unprecedented public attention, particularly in the context of international developments in intellectual property laws. Not only are there significant developments at the legal level, with increasing moves towards stronger and harmonized protection for intellectual property, but also there is intense public interest in the concepts of creativity, authorship, personality, and knowledge. In Creating Selves, Johanna Gibson addresses strategic responses to intellectual property, and suggests alternative models for encouraging, rewarding, and disseminating creative and innovative output, which are built upon a critical analysis of and approach to the debate and to the concept of creativity itself. Drawing upon critical theories in authorship, literature, music, the sciences and the arts, Gibson suggests a radical re-consideration of the notion of creativity in the intellectual property debate and the means by which to encourage and sustain creativity in contemporary society.

This book analyses the history of the international patent regime and the life science industries, both of which can be traced back to the late 19th century. The development of patent law is inextricably linked to expanding capacities to elucidate, manipulate and commercially exploit the molecular properties of micro-organisms, plants, animals and other organic raw materials. The story of the life science industries begins with the European synthetic dyestuff firms and culminates in present-day conglomerates like Aventis, Novartis and Pharmacia. Throughout the last century, chemical, pharmaceutical, seed and biotechnology firms were actively involved in reforming patent law and plant variety rights. The major beneficiaries have been the largest firms whose market dominance and influence over peoples' lives - aided by friendly intellectual property laws - has never been greater. This sparkling and stimulating book reveals the key repercussions caused by the expansion of life science industries for issues of international equity, public health, food security and biological diversity.