Read e-book online Accessing and Sharing the Benefits of the Genomics PDF

By Peter W.B. Phillips, Chika B. Onwuekwe

ISBN-10: 1402058217

ISBN-13: 9781402058219

This quantity explores the criminal, financial and political debate over highbrow estate rights for standard wisdom and genetic assets, reading conception and perform of entry and merits sharing all over the world. The booklet investigates present flashpoints — the conflict among Monsanto and Percy Schmeiser over farmers’ rights; disputes over coexistence of genetically transformed and natural produce; and possession and regulate of human genetic fabrics saved in human gene banks round the world.

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Admittedly, developing countries allowed the carting away of their exotic plants and genetic resources for storage, first in botanical gardens, and subsequently, in gene banks (Pistorius and van Wijk, 1999). 16 IDEOLOGY OF THE COMMONS AND PROPERTY RIGHTS 35 Due to the special protection of “scientifically” improved plant varieties, first through plant breeders rights (UPOV, 1978; Plant Patent Act, 1952) and subsequently, by intellectual property rights (such as the US Plant Variety Protection Act, 1970; TRIPs Agreement, 1995), source countries of PGRs are contesting the continued treatment of their plant germplasm as the common heritage of humankind.

They contend that corporations have legal personality that provides them the capacity to hold property notwithstanding they are dependent on the directing minds of individuals who occupy position of directors in them. But even with such legal personality, they say, there is no doubt that “ownership, and with it control in the final analysis, resides with the shareholders,” who are individuals. Surprisingly, Stenson and Gray ignore the fact that in modern corporations, shareholding is not exclusive to individuals.

In short, to labour, an entity has to be capable of executing a rational plan aimed at some end. It is hard to see how a community, even if it were an independently existing entity, could achieve such a thing without a brain of its own. Based on the foregoing, Stenson and Gray conclude that only individuals who engage in labour rather than their communities are capable of owning property. They distinguish corporations from communities. They contend that corporations have legal personality that provides them the capacity to hold property notwithstanding they are dependent on the directing minds of individuals who occupy position of directors in them.

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Accessing and Sharing the Benefits of the Genomics Revolution by Peter W.B. Phillips, Chika B. Onwuekwe


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