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Governing Digitally Integrated Genetic Resources, Data, and Literature
Global Intellectual Property Strategies for a Redesigned Microbial Research Commons

  • Date Published: May 2016
  • availability: Available
  • format: Hardback
  • isbn: 9781107021747

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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.

    • Proposes new governance strategies for science commons management based on empirical survey of major initiatives in microbiology and related fields
    • Includes detailed legal analysis of regulatory regimes that disrupt scientific research, including copyright and database protection laws
    • Explains why US scientists and industry must respect the Convention on Biological Diversity, whether or not the US joins the treaty
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    Product details

    • Date Published: May 2016
    • format: Hardback
    • isbn: 9781107021747
    • length: 678 pages
    • dimensions: 229 x 152 x 37 mm
    • weight: 1.07kg
    • contains: 3 b/w illus. 21 tables
    • availability: Available
  • Table of Contents

    1. Uncertain legal status of microbial genetic resources in a conflicted geopolitical environment
    Part I. International Regulation of Genetic Resources and the Assault on Scientific Research:
    2. Between public and private goods: emergence of the transnational research commons for plant and microbial genetic resources
    3. Tightening the regulatory grip: from the convention on biological diversity in 1992 to the Nagoya protocol in 2010
    Part II. Preserving the Public Research Functions of Microbial Genetic Resources After the Nagoya Protocol:
    4. The existing microbial research commons confronts proprietary obstacles
    5. Facilitating transnational exchanges of genetic resources within a redesigned microbial research infrastructure
    Part III. A Digitally Integrated Infrastructure for Microbial Data and Information:
    6. Legal and institutional obstacles impeding access to and use of scientific literature and data
    7. Enabling the microbial research community to control its own scholarly publications
    8. Fully exploiting data-intensive research opportunities in the networked environment
    Part IV. Governing Public Knowledge Assets within a Redesigned Microbial Research Commons:
    9. Institutional models for a transnational research commons
    10. In search of a politically acceptable and scientifically productive operational framework
    11. Implementing a transnational framework agreement for a redesigned microbial research commons.

  • Authors

    Jerome H. Reichman, Duke University School of Law
    Jerome H. Reichman is the Bunyan S. Womble Professor of Law at Duke University School of Law. His research deals with the impact of intellectual property on public health, developing countries, and global science policy. He is the co-author, most recently, of Intellectual Property Rights: Legal and Economic Challenges for Development (2014).

    Paul F. Uhlir, National Academy of Science
    Paul F. Uhlir, JD was Director of the Board on Research Data and Information at the National Academies in Washington, DC, and of the US CODATA until the end of 2014. He is currently a Scholar at the National Academy of Sciences and a consultant on data policy and management.

    Tom Dedeurwaerdere, Université Catholique de Louvain, Belgium
    Tom Dedeurwaerdere is Director of the Biodiversity Governance Unit and Professor of the Philosophy of Social Sciences at the Catholic University, Leuven. The editor of two books on the global environmental commons, he was recently awarded a grant from the European Research Council for a project on governing the global genetic resource commons.

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