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Agrobiodiversity And The Law

Author: Juliana Santilli
Publisher: Routledge
ISBN: 1136580026
Size: 27.83 MB
Format: PDF
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A wide range of crop genetic resources is vital for future food security. Loss of agricultural biodiversity increases the risk of relying on a limited number of staple food crops. However, many laws, such as seed laws, plant varieties protection and access and benefit-sharing laws, have direct impacts on agrobiodiversity, and their effects have been severely underestimated by policy-makers. This is of concern not only to lawyers, but also to agronomists, biologists, and social scientists, all of whom need clear guidance as to the relevance of the law to their work. This book analyzes the impact of the legal system on agrobiodiversity (or agricultural biodiversity) – the diversity of agricultural species, varieties, and ecosystems. Using an interdisciplinary approach, it takes up the emerging concept of agrobiodiversity and its relationship with food security, nutrition, health, environmental sustainability, and climate change. It assesses the impacts on agrobiodiversity of key legal instruments, including seeds laws, the International Convention for the Protection of New Varieties of Plants, plant breeders’ rights, the Convention on Biological Diversity (regarding specifically its impact on agrobiodiversity), and the International Treaty on Plant Genetic Resources for Food and Agriculture. It also reviews the options for the implementation of these instruments at the national level in several countries. It discusses the interfaces between the free software movement, the ‘commons’ movement, and seeds, as well as the legal instruments to protect cultural heritage and their application to safeguard agrobiodiversity-rich systems. Finally, it analyzes the role of protected areas and the possibility of using geographical indications to enhance the value of agrobiodiversity products and processes.

Governing Digitally Integrated Genetic Resources Data And Literature

Author: Jerome H. Reichman
Publisher: Cambridge University Press
ISBN: 1316380998
Size: 71.90 MB
Format: PDF
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The free exchange of microbial genetic information is an established public good, facilitating research on medicines, agriculture, and climate change. However, over the past quarter-century, access to genetic resources has been hindered by intellectual property claims from developed countries under the World Trade Organization's TRIPS Agreement (1994) and by claims of sovereign rights from developing countries under the Convention on Biological Diversity (CBD) (1992). In this volume, the authors examine the scientific community's responses to these obstacles and advise policymakers on how to harness provisions of the Nagoya Protocol (2010) that allow multilateral measures to support research. By pooling microbial materials, data, and literature in a carefully designed transnational e-infrastructure, the scientific community can facilitate access to essential research assets while simultaneously reinforcing the open access movement. The original empirical surveys of responses to the CBD included here provide a valuable addition to the literature on governing scientific knowledge commons.

Crop Genetic Diversity In The Field And On The Farm

Author: Devra I. Jarvis
Publisher: Yale University Press
ISBN: 0300220820
Size: 25.43 MB
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Based on twenty years of global research, this is the first comprehensive reference on crop genetic diversity as it is maintained on farmland around the world. Showcasing the findings of seven experts representing the fields of ecology, crop breeding, genetics, anthropology, economics, and policy, this invaluable resource places farmer-managed crop biodiversity squarely in the center of the science needed to feed the world and restore health to our productive landscapes. It will prove to be an essential tool in the training of agricultural and environmental scientists seeking the solutions necessary to ensure healthy, resilient ecosystems for future generations.

Plants People And Practices

Author: Jay Sanderson
Publisher: Cambridge University Press
ISBN: 1108158366
Size: 43.23 MB
Format: PDF, ePub
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The International Union for the Protection of New Varieties of Plants (UPOV) and the UPOV Convention are increasingly relevant and important. They have technical, social and normative legitimacy and have standardised numerous concepts and practices related to plant varieties and plant breeding. In this book, Jay Sanderson provides the first sustained and detailed account of the Convention. Building upon the idea that it has an open-ended and contingent relationship with scientific, legal, technical, political, social and institutional actors, the author explores the Convention's history, concepts and practices. Part I examines the emergence of the UPOV Convention during the 1950s and its expanding legitimacy in relation to plant variety protection. Part II explores the Convention's key concepts and practices, including plant breeder, plant variety, plant names (denomination), characteristics, protected material, essentially derived varieties (EDV) and farm saved seed (FSS). This book is an invaluable resource for academics, policy makers, agricultural managers and researchers in this field.

Farmers Crop Varieties And Farmers Rights

Author: Michael Halewood
Publisher: Routledge
ISBN: 1136537546
Size: 50.10 MB
Format: PDF
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Crop plant varieties developed by local farmers, commonly referred to as ‘farmers' varieties’, are problematic because there are no fixed taxonomic or legal definitions of them. As a result, policies to increase the share of benefits farmers receive from the use of such varieties struggle to have an effect. Aiming to clarifying these issues, this volume explores the nature of farmers’ varieties in the context of their biological, social and legal significance. The book addresses the complexities of defining what farmers’ varieties are and how they differ from one another and from generic varieties. It then charts the evolution of the concept of ‘farmers’ rights’, from the dawn of ‘genetic resources’ as a subject worthy of international attention, to the first legal recognition of the concept, through to current efforts to develop national level policies and laws. Further, the book examines outstanding policy-making challenges linked to the absence of fixed taxonomic or legal definitions of farmers’ varieties. Case studies are included from Africa, Asia, Europe and South America in which farmers, researchers and policy advocates have been confronted with the issues raised in this book. Various solutions are considered based on revised or new definitions of farmers’ varieties that reflect the biological and cultural realities in which they are produced, and the relative costs and benefits of attempting to implement each of the policies discussed.