By Peter W.B. Phillips, Chika B. Onwuekwe
This quantity explores the felony, fiscal and political debate over highbrow estate rights for standard wisdom and genetic assets, studying concept and perform of entry and advantages sharing worldwide. The e-book investigates present flashpoints — the conflict among Monsanto and Percy Schmeiser over farmers’ rights; disputes over coexistence of genetically transformed and natural produce; and possession and regulate of human genetic fabrics saved in human gene banks round the world.
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Additional info for Accessing and Sharing the Benefits of the Genomics Revolution
Graham Dutfield challenges the above postulations of Stenson and Gray on various grounds. First, he submits that traditional peoples and communities perceive the globalization of the patent regulations applicable in the United States and Europe as a form of neo-colonialism (Dutfield, 2001b). Second, he disagrees with the criteria for patents19 as the basis for non-extension of patent protection to Traditional Knowledge (TK). 20 Third, Dutfield also debunks the notion of individual inventor as part of the reasons for not extending patent protection to traditional knowledge adjudged to be collectively held.
4 For Gray therefore, “excludability” connotes the ability of “a legal person to exercise regulatory control over the access of strangers to the various benefits inherent in the resource” (Gray, 1991). Rejecting the “bundle of rights” or the exclusion theories as the only basis for the concept of property, Adam Mossoff argues that the “integrated theory of property” offers a holistic approach to the concept of property (Mossoff, 2003). Although Mossoff’s theoretical approach does not dispute the importance of the right to exclude, he nevertheless argues that excludability is neither the only characteristic nor the most fundamental to the concept of property.
For instance, Grotius was of the view that “men, who are the owners of property, should have the right to transfer ownership, either in whole or in part. For this right is present in the nature of ownership” (Grotius, 1925). , at the point that property serves its normative function in organized society and politics. ” While acknowledging that the concept of property is nothing without state endorsement, Epstein argues that possessory right is the root of title in both tangible and intangible proprietary paradigms.
Accessing and Sharing the Benefits of the Genomics Revolution by Peter W.B. Phillips, Chika B. Onwuekwe