Governing Digitally Integrated Genetic Resources, Data, and Literature PDF Download

Author: Jerome H. Reichman
Publisher: Cambridge University Press
ISBN: 110702174X
Category : Law
Languages : en
Pages : 679

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Book Description
This book examines the current legal status of the international genetic information commons and proposes alternative management strategies.

Author: Jerome H. Reichman
Publisher: Cambridge University Press
ISBN: 1316380998
Category : Law
Languages : en
Pages : 679

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Book Description
The free exchange of microbial genetic information is an established public good, facilitating research on medicines, agriculture, and climate change. However, over the past quarter-century, access to genetic resources has been hindered by intellectual property claims from developed countries under the World Trade Organization's TRIPS Agreement (1994) and by claims of sovereign rights from developing countries under the Convention on Biological Diversity (CBD) (1992). In this volume, the authors examine the scientific community's responses to these obstacles and advise policymakers on how to harness provisions of the Nagoya Protocol (2010) that allow multilateral measures to support research. By pooling microbial materials, data, and literature in a carefully designed transnational e-infrastructure, the scientific community can facilitate access to essential research assets while simultaneously reinforcing the open access movement. The original empirical surveys of responses to the CBD included here provide a valuable addition to the literature on governing scientific knowledge commons.

Author: Rochelle Cooper Dreyfuss
Publisher: Cambridge University Press
ISBN: 1108577660
Category : Law
Languages : en
Pages : 373

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Book Description
As knowledge production has become a more salient part of the economy, intellectual property laws have expanded. From a backwater of specialists in patent, copyright, and trademark law, intellectual property has become linked to trade through successive international agreements, and appreciated as key to both economic and cultural development. Furthermore, law has begun to engage the interest of economists, political theorists, and human rights advocates. However, because each discipline sees intellectual property in its own way, legal scholarship and practice have diverged, and the debate over intellectual property law has become fragmented. This book is aimed at bringing this diverse scholarship and practice together. It examines intellectual property through successive lenses (incentive theory, trade, development, culture, and human rights) and ends with a discussion of whether and how these fragmented views can be reconciled and integrated.

Author: Timo Minssen
Publisher: Edward Elgar Publishing
ISBN: 1788116194
Category : LAW
Languages : en
Pages : 304

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Book Description
With interdisciplinary chapters written by lawyers, sociologists, doctors and biobank practitioners, Global Genes, Local Concerns identifies and discusses the most pressing issues in contemporary biobanking. Addressing pressing questions such as how do national biobanks best contribute to translational research and how could academic and industrial exploitation, ownership and IPR issues be addressed and facilitated, this book contributes to the continued development of international biobanking by highlighting and analysing the complexities in this important area of research.

Author: Charles Lawson
Publisher: Taylor & Francis
ISBN: 1000730077
Category : Law
Languages : en
Pages : 247

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Book Description
Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.

Author: Kamalesh Adhikari
Publisher: Routledge
ISBN: 1351580337
Category : Law
Languages : en
Pages : 262

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Book Description
Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

Author: Brett M. Frischmann
Publisher: Cambridge University Press
ISBN: 1107146879
Category : Law
Languages : en
Pages : 441

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Book Description
This book collects fifteen new case studies documenting successful knowledge and information sharing commons institutions for medical and health sciences innovation. Also available as Open Access.

Author: Michèle Finck
Publisher: Springer Nature
ISBN: 3662619202
Category : Law
Languages : en
Pages : 336

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Book Description
This book adds a critical perspective to the legal dialogue on the regulation of ‘smart urban mobility’. Mobility is one of the most visible sub-domains of the ‘smart city’, which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.

Author: Giulia Schneider
Publisher: Springer Nature
ISBN: 3030954277
Category : Law
Languages : en
Pages : 388

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Book Description
This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.

Author: Tom Dedeurwaerdere
Publisher: Taylor & Francis
ISBN: 1003827586
Category : Business & Economics
Languages : en
Pages : 187

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Book Description
This book addresses the gap in the existing literature on the governance of transdisciplinary research partnerships in transformational sustainability research by exploring the governance of knowledge co-production in coupled socio-ecological system dynamics. Multiple social and ecological crises raise new cross-sectoral research questions that call for an evolution in contemporary science in the direction of society-wide knowledge co-production on sustainability transformations of interdependent social and ecological systems. This book proposes a new approach to this based on enabling capacities for collaboration among scientific researchers and societal actors with diverse values, perspectives, and research interests. By drawing upon the thriving literature on the conditions for community and multistakeholder-driven collective action, the analysis sheds new light on the governance arrangements for organizing so-called transdisciplinary research partnerships for sustainability. This book identifies robust conditions that lead to effective collaborative research with societal actors and digs deeper into capacity building for partnership research through fostering social learning on sustainability values among research partners and organizing training and knowledge exchange at institutions of higher education. The book proposes solutions for addressing collective action challenges in transdisciplinary partnerships in an accessible and broadly interdisciplinary manner to a large audience of sustainability scholars and practitioners. It will be of interest to students and researchers in the fields of sustainable development, social ecological transitions, and science policy, while also being a useful resource for engineers, QSE managers, and policymakers.