The Politics of Genetic Resource Control PDF
Preview The Politics of Genetic Resource Control
THE POLITICS OF GENETIC RESOURCE CONTROL Also by Tim Gray BURKE’S DRAMATIC THEORY OF POLITICS (with Paul Hindson) THE FEMINISM OF FLORA TRISTAN (with Maîre Cross) FREEDOM THE POLITICAL PHILOSOPHY OF HERBERT SPENCER THE POLITICS OF FISHING (editor) UK ENVIRONMENTAL POLICY IN THE 1990s (editor) The Politics of Genetic Resource Control Anthony J. Stenson postdoctoral student Department of Politics University of Newcastle and Tim S. Gray Professor of Political Thought University of Newcastle First published in Great Britain 1999 by MACMILLAN PRESS LTD Houndmills, Basingstoke, Hampshire RG21 6XS and London Companies and representatives throughout the world A catalogue record for this book is available from the British Library. ISBN 978-1-349-41041-5 ISBN 978-0-333-98285-3 (eBook) DOI 10.1057/9780333982853 First published in the United States of America 1999 by ST. MARTIN’S PRESS, INC., Scholarly and Reference Division, 175 Fifth Avenue, New York, N.Y. 10010 Library of Congress Cataloging-in-Publication Data Stenson, Anthony J., 1972– The politics of genetic resource control / Anthony J. Stenson, Tim S. Gray. p. cm. Includes bibliographical references and index. 1. Germplasm resources, Plant—Law and legislation. 2. Plant varieties—Patents. 3. Germplasm resources, Plant—Government policy. I. Gray, Tim, 1942– . II. Title. K3876.S74 1999 341.7'58—dc21 98–53539 CIP ©Anthony J. Stenson and Tim S. Gray 1999 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. 10 9 8 7 6 5 4 3 2 1 08 07 06 05 04 03 02 01 00 99 Contents Acknowledgements and Dedication vii Abbreviations ix 1 Introducing the Politics of Genetic Resource Control 1 2 The Historical Context of Genetic Resource Control 8 3 Proprietarian Intellectual Property Rights 30 4 Community Intellectual Property Rights 74 5 National Sovereignty 117 6 Common Heritage of Mankind 136 7 Conclusion 154 Bibliography 165 Index 171 v This page intentionally left blank Acknowledgements and Dedication This book originated in a doctoral thesis by Anthony Stenson supervised by Tim Gray at the Department of Politics, University of Newcastle. The authors wish to thank the British Academy’s Humanities Research Board for the award of a research studentship to Anthony, and Newcastle University for providing resources without which this book would not have been written. The book is dedicated to Anthony’s parents, in recognition of their encouragement and support during the long years of its gestation. vii This page intentionally left blank Abbreviations CBD Convention on Biological Diversity (Rio, 1992) CGIAR Consultative Group for International Agricultural Research CHM Common Heritage of Mankind CIMMYT International Centre for Maize and Wheat Research CIPRs Community Intellectual Property Rights CPGR Commission on Plant Genetic Resources (FAO) CUBE Concertation Action in the Biotechnology Programme (EU) EPC European Patent Convention EPO European Patent Office EU European Union FAO Food and Agriculture Organization FRs Farmers’ Rights GATT General Agreement on Tariffs and Trade HYVs High Yielding Varieties IARCs International Agricultural Research Centres IBPGR International Board for Plant Genetic Resources IPRs Intellectual Property Rights IRRI International Rice Research Institute IUPGR International Undertaking on Plant Genetic Resources LGUs Land Grant Universities MTA Mutual Transfer Agreement NGO Non-Governmental Organization PBRs Plant Breeders’ Rights PGRs Plant Genetic Resources PIPR Plant Intellectual Property Rights PPA Plant Patent Act (USA, 1930) PTO Patent and Trademark Office PVPA Plant Variety Protection Act (USA, 1970) R&D Research and Development RAFI Rural Advancement Foundation International SAESs State Agricultural Experimental Stations ix
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