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Rosenthal 2007 ES_BL_8-3 13/3/07 11:50 Page iii Biodiversity and the Law Intellectual Property, Biotechnology and Traditional Knowledge Edited by Charles R. McManis London • Sterling, VA ES_BL_8-3 13/3/07 11:50 Page iv First published by Earthscan in the UK and USA in 2007 Copyright © Charles R. McManis, 2007 All rights reserved ISBN: 978-1-84407-349-8 hardback Typeset by MapSet Ltd, Gateshead, UK Printed and bound in the UK by TJ International Ltd, Padstow Cover design by Andrew Corbett For a full list of publications please contact: Earthscan 8–12 Camden High Street London, NW1 0JH, UK Tel: +44 (0)20 7387 8558 Fax: +44 (0)20 7387 8998 Email: [email protected] Web: www.earthscan.co.uk 22883 Quicksilver Drive, Sterling, VA 20166-2012, USA Earthscan is an imprint of James and James (Science Publishers) Ltd and publishes in associ- ation with the International Institute for Environment and Development A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data has been applied for This publication has been printed on FSC-certified and totally chlorine-free paper. FSC (The Forest Stewardship Council) is an international network to promote responsible management of the world’s forests. ES_BL_8-3 13/3/07 11:50 Page v Contents List of Figures and Tables ix List of Chapter Authors and Conference Participants xi Acknowledgements xxxi List of Acronyms and Abbreviations xxxii Chapter 1 Biodiversity, Biotechnology and Traditional Knowledge Protection: Law, Science and Practice 1 Charles R. McManis Part I Biodiversity: What are We Losing and Why – And What is to be Done? Chapter 2 The Epic of Evolution and the Problem of Biodiversity Loss 27 Peter Raven Chapter 3 Naturalizing Morality 35 Ursula Goodenough Chapter 4 Across the Apocalypse on Horseback: Biodiversity Loss and the Law 42 Jim Chen Chapter 5 Impact of the Convention on Biological Diversity: The Lessons of Ten Years of Experience with Models for Equitable Sharing of Benefits 58 James S. Miller Chapter 6 Biodiversity, Botanical Institutions and Benefit sharing: Comments on the Impact of the Convention on Biological Diversity 71 Kate Davis Chapter 7 The Link Between Biodiversity and Sustainable Development: Lessons from INBio’s Bioprospecting Programme in Costa Rica 77 Rodrigo Gámez Chapter 8 On Biocultural Diversity from a Venezuelan Perspective: Tracing the Interrelationships among Biodiversity, Culture Change and Legal Reforms 91 Stanford Zent and Egleé L. Zent ES_BL_8-3 13/3/07 11:50 Page vi vi BIODIVERSITY AND THE LAW Chapter 9 From the ‘Tragedy of the Commons’ to the ‘Tragedy of the Commonplace’: Analysis and Synthesis through the Lens of Economic Theory 115 Joseph Henry Vogel Part II Biotechnology: Part of the Solution or Part of the Problem – Or Both? Chapter 10 Biodiversity, Biotechnology and the Environment 137 Barbara A. Schaal Chapter 11 Principles Governing the Long-run Risks, Benefits and Costs of Agricultural Biotechnology 149 Charles Benbrook Chapter 12 Costa Rica: Biodiversity and Biotechnology at the Crossroads 168 Ana Sittenfeld and Ana M. Espinoza Chapter 13 Biotechnology for Sustainable Agricultural Development in Africa: Opportunities and Challenges 174 Florence Wambugu Chapter 14 Biotechnology: Public–Private Partnerships and Intellectual Property Rights in the Context of Developing Countries 179 Gurdev S. Khush Chapter 15 Agricultural Biotechnology and Developing Countries: The Public Intellectual Property Resource for Agriculture (PIPRA) 192 Sara Boettiger and Karel Schubert Chapter 16 Commentary on Agricultural Biotechnology 202 Lawrence Busch Chapter 17 The Birth and Death of Traditional Knowledge: Paradoxical Effects of Biotechnology in India 207 Glenn Davis Stone Part III Traditional Knowledge: What Is It and How, If At All, Should It Be Protected? Chapter 18 From the Shaman’s Hut to the Patent Office: A Road Under Construction 241 Nuno Pires de Carvalho ES_BL_8-3 13/3/07 11:50 Page vii CONTENTS vii Chapter 19 Traditional Knowledge: Lessons from the Past, Lessons for the Future 280 Michael J. Balick Chapter 20 The Demise of ‘Common Heritage’ and Protection for Traditional Agricultural Knowledge 297 Stephen B. Brush Chapter 21 Traditional Knowledge Protection in the African Region 316 Rabodo Andriantsiferana Chapter 22 The Conundrum of Creativity, Compensation and Conservation in India: How Can Intellectual Property Rights Help Grass-roots Innovators and Traditional Knowledge Holders? 327 Anil K. Gupta Chapter 23 Holder and User Perspectives in the Traditional Knowledge Debate: A European View 355 Geertrui Van Overwalle Part IV Ethnobotany and Bioprospecting: Thinking Globally, Acting Locally Chapter 24 Politics, Culture and Governance in the Development of Prior Informed Consent and Negotiated Agreements with Indigenous Communities 373 Joshua Rosenthal Chapter 25 Ethics and Practice in Ethnobiology: Analysis of the International Cooperative Biodiversity Group Project in Peru 394 Walter H. Lewis and Veena Ramani Chapter 26 Ethics and Practice in Ethnobiology: The Experience of the San Peoples of Southern Africa 413 Roger Chennells Chapter 27 Commentary on Biodiversity, Biotechnology and Traditional Knowledge Protection: A Private-sector Perspective 428 Steven R. King Chapter 28 Answering the Call: Public Interest Intellectual Property Advisers (PIIPA) 441 Michael A. Gollin ES_BL_8-3 13/3/07 11:50 Page viii viii BIODIVERSITY AND THE LAW Chapter 29 Answering the Call: The Intellectual Property and Business Formation Legal Clinic at Washington University 468 Charles R. McManis Index 475 ES_BL_8-3 13/3/07 11:50 Page ix List of Figures and Tables Figures 7.1 Costa Rica: Selected social, economic and environmental indicators (1940–2000) 78 7.2 Costa Rica foreign exchange (US$) generated by selected agricultural and forest products and tourism (1950–2000) 80 7.3 Direct payment of forest watershed protection service in Heredia, Costa Rica 81 8.1 Places and peoples of the Venezuelan Guayana 95 8.2 Diversity of gardens in Piaroa communities: Number of cassava varieties per unit area 100 8.3 Cumulative species area curve in four 1-ha forest plots inventoried in the Sierra Maigualida Region 101 8.4 Relationship between medicinal plant inventories and age in four Jotï communities 103 8.5 Multidimensional scaling plot of response similarity for medicinal taxa 104 9.1 Public goods analysis 122 17.1 Maps of India showing location of Andhra Pradesh and Gujarat and Warangal District showing census villages 214 17.2 Seed vendors 215 17.3 All village charts: Trends in the most popular five cotton seeds 218 17.4 Village specific trends 219 17.5 Buying Bt: Farmers buying cotton seeds at a shop in Warangal 224 19.1 Erosion of traditional knowledge on Pohnpei, FSM 282 19.2 Predicted extinctions of traditional knowledge 283 19.3 Chart of activities that developed as part of the Belize Ethnobotany Project 285 22.1 Relationship between natural, social, ethical and intellectual capital and intellectual property (Gupta 2001) 336 24.1 Maya ICBG intellectual property and benefit sharing agreement framework 384 25.1 Know-how licence 405 Tables 5.1 Types of benefits that may arise from bioprospecting programmes 60 5.2 Types of biodiversity access legislation (following Glowka, 1998) 65 7.1 Costa Rica’s evolution indicators (1940–2000) 78 ES_BL_8-3 13/3/07 11:50 Page x x BIODIVERSITY AND THE LAW 7.2 Most significant research collaborative agreements with industry and academia (1991–2002) 85 7.3 Monetary and non-monetary benefits derived by INBio from bioprospecting 86 8.1 Venezuela’s global ranking in terms of biodiversity components 94 8.2 A Piaroa taxonomy of cassava preparation and consumption forms 99 8.3 Statistical summary of plants used by the Jotï 102 17.1 Bt seeds on market and sales in India 209 17.2 Village summary (households surveyed) 217 17.3 Planting sizes: Counts and column percentages 221 17.4 Knowledge 222 19.1 Traditional skills on Pohnpei and their levels of importance 289 22.2 Resource right regime 337 ES_BL_8-3 13/3/07 11:50 Page xi List of Chapter Authors and Conference Participants Rabodo Andriantsiferana is a researcher and director at the Centre National d’Applications des Recherches Pharmaceuticque (CNARP) in Madagascar. She is also involved or has been involved in many other organizations and projects, among them: principal investigator in the International Cooperative Biodiversity Group (ICBG) programme in Madagascar: Biodiversity Utilization in Madagascar and Suriname; principal investigator in the project funded by the United Nations Development Programme (UNDP)/ONE: Valorization of Medicinal Plants in Menabe (Morondava) in Madagascar; President of the Interministerial Committee for the Study and Regulation of Traditional Medicine, Madagascar; member of the Regional Committee of Experts for Traditional Medicine in Africa; member of the National Committee Prunus Africana; member of the Western Ocean Indian Islands Sustainable Use Specialists Group: Focal Point for Medicinal Plants; member of the Specialists Group of Plants of Madagascar; and member of the Convention on International Trade in Endangered Species (CITES) Committee for Plants. Alejandro Argumedo, a Quechua agronomist from Peru, is an expert in issues related to human rights and the environment. He is an active member of a network of native peoples working within national, regional and international processes for the recog- nition of indigenous peoples’ cultural, environmental and human rights. He is currently associate director of the Quechua-Aymara Association for Sustainable Livelihoods ‘ANDES’, a community-based organization of Cusco, Peru; and International Coordinator of the Indigenous Peoples’ Biodiversity Network (IPBN). Argumedo is actively involved in the development of local strategies for the protec- tion and promotion of indigenous peoples’ knowledge and innovations and in the international debate about the ownership and protection of indigenous knowledge. He has been involved recently in the establishment of the ‘Call of the Earth Circle’, an indigenous peoples’ expert group on intellectual property and indigenous knowl- edge (www.earthcall.org).
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