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Title: Biopiracy: international perspective and the case Of Ethiopia (legal and Institutional Regime)
???metadata.dc.contributor.*???: Mandefro Eshete (Ph.D.)
Dagnachew, Melese
Keywords: potentially useful to humans.
Issue Date: Jun-2013
Publisher: Addis Ababa University
Abstract: All living organisms; plants, animals and microbes, carry genetic material that could be potentially useful to humans. These resources can be taken from the wild, domesticated or cultivated. There are significant potential benefits to be gained by accessing genetic resources and making use of them. They provide a crucial source of information to better understand the natural world and can be used to develop a wide range of products and services for human benefit. These include products such as medicines and cosmetics, as well as agricultural and environmental practices and techniques. Hence the issue of ownership over genetic resources and related traditional knowledge has become one the most controversial worldwide issue. The controversy is mainly between the developed and big international pharmaceuticals on the one hand and the bio-diverse countries which in most case are developing countries. There are two major lines of arguments; the first one is the common heritage argument which proposes that biological and genetic resources are common heritages of mankind; hence there should be no restriction of ownership and the second line of argument, however, recognizes the sovereign right and ownership of states over their genetic resources hence without their permission no one can either access or own their resources. However, until l990's there have been acts of accessing and owning the genetic resources and related traditional knowledge without the consent and/or pennission of the owning state of the resource. lt is this act of plunder of genetic resources that depicted as an act of Bio-piracy. This fiee access regime was finally changed when the CBD was enacted in 1992 which intended to curb alarming rates of biodiversity loss and ensure that the discrepancy between resource provider and the technology developer became more balanced. One of the agenda which further triggered the debate over ownership of genetic resources is the issue of patenting of life forms. The TRIPS one of the agreements developed by WTO to outline trade related intellectual property rights requires member states to grant patents for any invention, Both for products and processes, in all technology fields without discrimination i.e. including innovations conducted in relation to genetic resources, subject to standard requirements, including the requirements that the invention be novel and industrially applicable.
Appears in Collections:Thesis - Law

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