What, if Any, Are the Ethical Obligations of the U.S. Patent Office? A Closer Look at the Biological Sampling of Indigenous Groups

The patenting of biological resources collected from indigenous groups has become a controversial trend. Two U.S. patents in particular, one claiming a cell-line from a 26-year old Guayami woman and one claiming a leukemia virus from a Hagahai man in Papua New Guinea, demonstrate just how volatile this issue has become. This iBrief examines how, in light of such ethically questionable patents, the U.S. Patent Office has failed to implement any procedures to identify or curb patent applications involving indigenous peoples

Addressing climate vulnerability : promoting the participatory rights of indigenous peoples and women through Finnish foreign policy

Julkaistu versi

Environmental performance outcomes and indicators for indigenous peoples: Review of literature

The literature review in this report was the starting point for developing a Māori research strand (2003-2009) within the Planning Under Co-operative Mandates (PUCM) research programme (1995-2009). An early task of the PUCM Māori team was to review the international literature on environmental outcomes and indicators for indigenous peoples. This was in order to gain an understanding of what had been written on the subject and to become familiar with approaches taken by others that might provide lessons for the development of our proposed kaupapa Māori outcomes and indicators framework and methodology, which was aimed at local government performance in Aotearoa/New Zealand. This current report is not intended to provide an exhaustive catalogue of writings on environmental performance outcomes and indicators for indigenous peoples, including Māori. Rather, some of the more obvious and important writings are noted as a ready reference for others interested in this topic. Before detailing the approach we took in carrying out the review, the key terms, outcomes and indicators, are defined

The Sound of Falling Trees: Integrating Environmental Justice Principles into the Climate Change Framework for Reducing Emissions from Deforestation and Degradation (REDD)

Charitable giving is of great value to society. In particular, wealthy individuals and their families have the ability to make a significant impact on society. Many research papers and wealth briefings try to understand the multi-billion dollar global charitable giving market. These studies have provided valuable insights, but often miss the viewpoint of High Net Worth Individuals (HNWIs). Our comparative research provides a unique perspective on wealthy individuals in France and in the Netherlands. It is the first research to use the same methods in two different countries, which allows us to make solid comparisons. We asked 961 High Net Worth Individuals about their charitable giving behaviour and their knowledge of and interest in impact investing. What causes do our clients value most? How much do they give annually? And how does charitable giving relate to impact investing for the clients? Does the financial return or social return drive individuals to invest with impact? Please join us in this study to explore charitable giving from the giver’s perspective

Seeing 'REDD'?: Forests, Climate Change Mitigation and the Rights of Indigenous Peoples

Examines proposals for reducing emissions from deforestation and forest degradation (REDD) and their failure to protect indigenous peoples' rights or to address forest governance problems. Calls for talks to include civil society and indigenous peoples

Indigenous Knowledge Systems and Cross-Cultural Research

The initiatives outlined in this article are intended to advance our understanding of cultural processes as they occur in diverse community contexts, as well as contribute to the further conceptualization, critique and development of indigenous knowledge systems in their own right, drawing on the experiences of indigenous peoples from around the world. The organizations and personnel associated with this article have played a lead role in developing the emerging theoretical and evidentiary underpinnings on which the associated research is based. The expansion of the knowledge base associated with the interaction between western science and indigenous knowledge systems will contribute to an emerging body of scholarly work regarding the critical role that local observations and indigenous knowledge can play in deepening our understanding of human and ecological processes, particularly in reference to the experiences of indigenous peoples

Protecting the Right to Exist as a People: Intellectual Property as a Means to Protect Traditional Knowledge and Indigenous Culture

The dominant Western culture has created a legal system premised upon an individualistic and commercial foundation for intellectual property rights (IPR). This system necessarily excludes the protection of traditional knowledge and other components of Indigenous cultures, as well as concepts of communal responsibility for the keeping and transfer of such ideas and knowledge. These concepts are foundational to Indigenous knowledge systems in Alaska, as well as throughout the world. Today, a focus on this issue is critical to the preservation of indigenous cultures and their ways of knowing. We examine where national and international intellectual property rights systems are in addressing Indigenous cultural and intellectual property rights (Indigenous CIPR). We also examine opportunities for expansion of such rights in Alaska and around the world.Ye

Governance of biotechnology in Africa: the challenge of reconciling interdependencies and differences

The article argues that an informed understanding of the differences and interdependencies among different stakeholders within the biotechnology and biosafety arena is a key issue in the unpacking of challenges facing development and implementation of biosafety systems in Africa. Advocating for a move beyond rhetoric, the article calls for a more nuanced and context-driven approach to biosafety as an avenue for raising chances of success for policy processes and making best use of available resources. Failure to adequately define and delimit the interests and concerns of various stakeholders, and embedding them within a science-based assessment of biosafety brings more harm than good to efforts by countries to develop and implement biosafety systems

Making Women's Voices Count in Community Decision-Making on Land Investments

The adverse impacts of commercialization and largescale land acquisitions in the global South are often disproportionately borne by women. The loss of access to farmland and common areas hit women harder than men in many communities, and women are often excluded from compensation and benefit schemes. Women's social disadvantages, including their lack of formal land rights and generally subordinate position, make it difficult for them to voice their interests in the management and proposed allocation of community land to investors. While the development community and civil society have pushed for standards and safeguard policies that promote the meaningful involvement of rural communities generally in land acquisitions and investments, strengthening the participation of women as a distinct stakeholder group requires specific attention.This working paper examines options for strengthening women's participatory rights in the face of increasing commercial pressures on land in three countries: Mozambique, Tanzania, and the Philippines. It focuses on how regulatory reform—reforms in the rules, regulations, guidelines, and procedures that implement national land acquisition and investment laws—can promote gender equity and allow women to realize the rights afforded by national legal frameworks and international standards. The paper stems from a collaborative project between World Resources Institute and partner organizations in the three countries studied

Intellectual Property Rights and Biological Resources: An Overview of Key Issues and Current Debates

This paper aims to provide a comprehensive background and overview of key issues, debates and positions related to the international regulation and application of intellectual property rights over biological resources, including biotechnology, and the use and protection of the traditional knowledge of indigenous and local communities. It explores the linkages among biological diversity, rural livelihoods, biotechnology developments and intellectual property with specific view on the relationship between access to biological and genetic resources, agriculture systems, food security, and increased poverty levels around the world. The paper starts by outlining the background and evolution of intellectual property rights. It then provides two case studies on how intellectual property rights affect biodiversity and traditional knowledge. In the main part, the paper indulges on the international governance of biodiversity and intellecutal property rights, especially focussing on the Convention of Biological Diversity (CBD), the World Intellecutal Property Organization (WIPO), and the World Trade Organization with its Agreement on Trade-Related Aspects of Intellecutal Property Rights (TRIPS). However it also sheds light on the increasing impacts of bilateral agreements that govern intellectual property rights in conjunction with the plurilateral International Union for the Protection of New Varieties of Plants (UPOV), and it analyses their relationship with the FAO International Treaty on Plant Genetic Resources for Food and Agriculture and the CBD. The paper finishes by sketching out ideas for a way forward. -- Dieses Papier liefert einen Überblick über die wichtigsten Konflikte und Positionen bei der Debatte um die Regulierung und Anwendung von geistigen Eigentumsrechten an pflanzengenetischen Ressourcen. Dabei wird auch die Rolle von Biotechnologien und traditionellen Wissens von indigenen und lokalen Gemeinschaften berücksichtigt. Das Papier analysiert die Zusammenhänge zwischen Biodiversität, ländlichen "livelihoods", der Entwicklung von Biotechnologien und geistigen Eigentumsrechten mit Blick auf den Zugang zu biologischen und genetischen Ressourcen, der Landwirtschaft, Ernährungssicherheit und Armut weltweit. Zunächst stellt das Papier den Hintergrund und die Evolution des rechtlichen Regelwerks geistiger Eigentumsrechte dar. Dabei verdeutlichen zwei Fallstudien, wie geistige Eigentumsrechte die Rechte an und den Zugang zu pflanzengenetischen Ressourcen beeinträchtigen können. Im Hauptteil vertieft das Papier die Debatte über die globale Regulierung geistiger Eigentumsrechte, insbesondere in der Biodiversitätskonvention (CBD), dem Abkommen über handelsbezogene geistige Eigentumsrechte in der WTO (TRIPS) und der World Intellecutal Property Organization (WIPO). Ferner wird auch die zunehmende Bedeutung bilateraler und plurilateraler Abkommen, wie der UPOV, im Konflikt mit dem FAO International Treaty on Plant Genetic Resources for Food and Agriculture und der Biodiversitätskonvention untersucht. Das Papier schließt mit einem Ausblick, welche Themen in der Zukunft prioritär diskutiert werden sollten.