Severe meconium aspiration syndrome: case report

This is a case report on severe meconium aspiration syndrome (MAS) that resulted in early neonatal death. Antenatal care was provided at a low-cost non-governmental organization (NGO) clinic. First stage of labour lasted for only 2 hours and 45 minutes. There were no foetal heart rate abnormalities that were noted during the first stage of labour. Artificial rupture of membranes was done in second stage of labour. There was no liquor amnii seen but scanty thick old meconium was noted. Delivery was easy. The baby's skin, nails, umbilical cord, placenta and vernix were deeply stained yellow with old meconium. Resuscitation included suction through direct laryngoscopy, nasotracheal intubation with pulmonary toilet, as well as administration of 100% oxygen. The condition of the baby did not improve. A diagnosis of severe MAS with hypoxic ischaemic encephalopathy (HIE), persistent pulmonary hypertension (PPH), persistent foetal circulation syndrome (PFCS) and meconium chemical pneumonitis was made. The baby was admitted to the intensive care unit (ICU) for assisted ventilation and critical care. The condition of the baby continued to deteriorate and demise occurred 18 hours after birth. The pathophysiologic processes of intrauterine meconium release, mechanisms of foetal effects and dilemmas in management are discussed. The East African Medical Journal Vol. 83(8) 2006: 465-46

Intellectual Property and the Governance of Plant Genetic Resources in Mexico: Trends and Implications for Research and Innovation

This chapter explores how the regulation of plant genetic resources intersects with legal regimes granting intellectual property rights in Mexico. Our analysis is directed towards addressing the argument that regimes governing access to plant genetic resources and the sharing of benefits derived from their commercial exploitation could discourage research and innovation in fields that rely on such resources as inputs. To engage with this critique, we examine the relationship between plant genetic resources and intellectual property, because trends in intellectual property protection may elucidate research and innovation dynamics. Our findings surrounding applications for patents and plant breeders’ rights in Mexico indicate that intellectual property activity related to plant genetic resources can intensify even as new frameworks for the governance of these resources are designed and popularized. However, it is important to note that it is still unknown whether the implementation of a national regime based on the Nagoya Protocol in Mexico might impact the activities of users and providers of genetic resources, including in relation to intellectual property protection

International Business, Trade and the Nagoya Protocol: Best Practices and Challenges for Sustainability in Access and Benefit-Sharing

Biodiversity is critical for international trade, businesses and investment. However, the issue of their ownership and exploitation has been a matter of debate. Specifically, the access to biodiversity resources and the distribution of the associated benefits are at the core of the environmental economics debate. Since 1992, the Convention on Biological Diversity (CBD) established regulations for the access and benefits-sharing of genetic resources, which materialized in the 2010 Nagoya Protocol. In 2015, as part of the Sustainable Development Goals (SDGs), Goal 15 renewed countries’ commitment to the promotion of appropriate access to genetic resources, and equitable and fair sharing of the associated benefits, calling for countries to adopt the policy and strategic frameworks to implement the ABS regime. Using examples from developing countries in Latin America and the Caribbean, this chapter explains how the ABS regime is being implemented in relation to international business and trade, and analyzes how it brings opportunities, best practices and challenges in order for these countries to improve the balance in the relationship between biodiversity conservation and economic activities. These new circumstances support the identification of actions that governments and international business actors can follow to effectively use the ABS regime as a policy instruments that contribute to sustainability through the implementation of economic and environmental regulations. © 2020, Springer Nature Switzerland AG

Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements

BACKGROUND: Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK). Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. OBJECTIVE: This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. DESIGN: Review. RESULTS: Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. CONCLUSIONS: Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements

The Private International Law of Access and Benefit-Sharing Contracts

This chapter considers the public—private international law interplay in the context of access and benefit-sharing (ABS) for genetic resources (GRs) and associated traditional knowledge (TK). The public international ABS framework, primarily via the Convention on Biological Diversity and its Nagoya Protocol, obliges contracting parties to ensure that access to GRs and TK is based on prior informed consent (PIC) and based on mutually agreed terms (MAT), and that benefits arising out of the utilization of GRs and TK are shared. This public law framework however leaves it to private ordering via ABS contracts between providers and users to determine nature and scope of benefit-sharing. And while the public law framework sets out a basic “enforcement” structure for ensuring that access is based on PIC and that MAT have been established, enforcing benefit-sharing commitments in ABS contracts is up to providers and users, relying on private law mechanisms. Because of the cross-border nature of most of the provider-user relations, enforcing ABS contracts raises complex questions on the jurisdiction of courts or arbitration tribunals, applicable law, and the enforcement of judgments or arbitral awards. This chapter reviews these private international law questions in light of the normative guidance the public international law ABS framework offers