Traditional Knowledge and Biodiversity in South Africa : CSIR case

The focus of this paper is traditional knowledge (TK) and indigenous biological resources protection in South Africa, through the analysis of the existing policies and legislations, in order to provide a useful insight for a developed country such as Japan which has recently adopted the guidelines for the protection of TK and biological resources and promotion of access and benefit sharing (ABS). South Africa is the 3rd most diverse country in terms of natural resources, culture and traditions, languages and geology and its comprehensive legislative framework system shows the country\u27s seriousness to safeguard TK and conserve biological resources for future generations. The paper uses the South Africa\u27s government owned research and technology development institution, Council for Scientific and Industrial Research (CSIR), as an example to demonstrate the application of the TK protection and biodiversity conservation (including access and benefit sharing) laws, through case studies approach for lessons learned for other African countries, contemplating creation of their own TK protection and environmental conservation. Due to the repositioning of CSIR within the local and global research and develop, the organisation has adopted Industrialisation Strategy, and TK will play a significant role in technology development and new business models in rural agroprocessing and production to enhance inclusive development (through benefit sharing) and support economic growth. The paper concludes that TK and indigenous biological resources protection through the relevant government laws, as well as value addition to TK and biodiversity through research and development supported by government funding, is necessary for socioeconomic attainment, especially for local and indigenous communities and rural agroprocessing businesses as part of benefit sharing

The Invention of Traditional Knowledge

Sunder argues that the failure of intellectual property to recognize the contributions of traditional and natural sources cannot be rectified by mere payment and she posits a non-monetizable, non-utilitarian benefit in terms of worth or dignity in having one\u27s contribution as the subject labelled of an intellectual property right. Foregrounding the important role of raw materials in the process of innovation, cultural environmentalism helped provide a theoretical and political basis for recognition and recompense for the purveyors of those raw materials-often indigenous peoples who have cultivated the earth\u27s biodiversity and who hold traditional knowledge about that biodiversity. Moreover, focus on the effects on the poor of the cultural environmentalism metaphor through its reification of the division between raw and cooked knowledge, a conceptual separation long fundamental to intellecual property law

Innovation, Intellectual Property, and Development: A Better Set of Approaches for the 21st Century

This paper aims to provide an intellectual basis to think about the relationship between development, intellectual property and innovation; where we currently are and what alternatives are available. For the most part, we are concerned less with the implications of current IP laws for the advanced countries as we are with their impact on developing countries. We focus here not only on the current pathologies of the system and on potential alternative ways to tackle its most egregious excesses; but on a more positive note, on what kind of "system" would best promote development and well-being in the developing world. We are looking for a world with new and better rules for intellectual property. Just as some have begun to think about re-writing the rules of the American economy to ensure a more just and efficient system, the time is ripe for doing the same for the global economy, especially with regard to the IP system

Overcoming India’s Food Security Challenges: The Role of Intellectual Property Management and Technology Transfer Capacity Building

The growth of the Indian economy after Independence has had little impact on the food security of the country. The paper analyses the development of advanced crop varieties through the use of agricultural technologies (hereinafter agbiotech ) within the technology transfer system, a framework which comprises of the interactions of intellectual property rights law and agricultural research and development in India. Through this, the author argues that agricultural innovation in India is failing due to the absence of connections within the technology transfer system and advocates for the creation of a national program aimed at advancing IP and tech-transfer capacity in agbiotech

Intellectual Property Management in Health and Agricultural Innovation: Executive Guide

Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities awaiting anyone in the field who wants to put intellectual property to work. This multi-volume work contains 153 chapters on a full range of IP topics and over 50 case studies, composed by over 200 authors from North, South, East, and West. If you are a policymaker, a senior administrator, a technology transfer manager, or a scientist, we invite you to use the companion site guide available at http://www.iphandbook.org/index.html The site guide distills the key points of each IP topic covered by the Handbook into simple language and places it in the context of evolving best practices specific to your professional role within the overall picture of IP management

The Bellagio Global Dialogues on Intellectual Property

Reviews Rockefeller's conference series on intellectual property and its efforts to promote policies and institutional capacities that better serve the poor, with a focus on food security and public health. Discusses global policy, development, and trade

Justice and the Convention on Biological Diversity

Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century