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The Ayahuasca plant may exemplify this situation. Ina company, Miller and Co. Inthe USPO finally granted the patent. The patent on the plant, violating legal rules at the national and international level, created a conflict in which indigenous people claimed their rights to the plant and the protection of law.
Fraude In Aprilthe English pharmaceutical company "Phytopharm" discovered a potential cure for obesity derived from a South African cactus called "Hoodia". The SACSIR argued that after knowing the real possibilities of this plant, they would approach the Bushmen to discuss an equitable sharing of benefits.
Persons or institutions invent any method to avoid payments to those entitled for the benefits. In this case, the public research institution of South Africa makes the English company believe that indigenous were extinguished to obtain exclusive gains from the transfer of natural genetic resources.
Essence of natural genetic resources In some cases, since communities consider natural genetic resources and knowledge associated to them part of their traditions, natural genetic resources are not for sale. The brazilian tribe named "Kraho" is not witling to transfer natural genetic resources, because these resources represent part of their customs.
This tribe works on agriculture and knowledge associated to natural genetic resources that permit to teach new generations on their cultural traditions associated to agriculture, like preparation of traditional food.
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Since this indigenous people want to continue with their social and agricultural traditions, they allow only governmental institutions to preserve their natural genetic resources seed. However, they do not accept commercial negotiations on their natural genetic resources associated with their traditions.
Companies from the North enter the South. To seek legal protection in the North for the knowledge and natural genetic resources they get from the South.
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Governments in the South often lack the means to prevent this. Secondly, it is possible to observe that the extraction and transformation of natural genetic resources into a manufactured product by countries in the South can create a conflict of interest in the communities, which are concerned with this problem.
Indigenous populations often depend on these resources. Therefore, they claim protection of their rights, which are often undefended and many times violated by the State. Tension between public interest to protect rights of human beings, to protect natural genetic resources and to protect third parties and to protect property rights from individuals. Fourthly, unregulated commercialization of natural genetic resources may threaten the natural resource base.
Since public and private interests on natural genetic resources collide, it is fundament al to know who gets what, when and how in sharing benefits arising from these natural genetic resources.
Patents, one intellectual property rights protecting inventions new creations of the mindis under controversy at the international and national level because the scope of protection of a patent could include or exclude other intellectual creations, for example, knowledge from communities. On the other hand, the definition of intellectual property rights is a matter of debate. In this debate, certain questions have been put forth.
Answers to these questions and debates related to the questions are as follow: Subject protected by intellectual property rights Traditionally, only individuals are protected by Intellectual Property Rights, because individuals only are subjects of law. Since the scope of the concept of intellectual property rights might to be broadened including communities rights to traditional knowledge, tension between individual intellectual property rights and other rights need to be solved.
Dutfield argues for a broad scope of patents using arguments related to protection of indigenous beliefs. As indigenous people create knowledge using a process of observation and research and sharing this knowledge with scientists, it is necessary to recognize this knowledge and protect it by law.
On the other hand, J.
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Axt denies recognition of traditional knowledge that belongs to communities because intellectual property rights are granted to defined inventors or inventor. On the contrary, community knowledge has no clear identifiable inventor because it is handed down from generation to generation. Moreover, intellectual property rights are created to protect knowledge originated from individuals and do not recognize collective rights.
Scope of protection of intellectual property rights An intellectual product is the result from a creative, scientific or other process and it has the mind as basic source for this creation. Abbot considers that intellectual product is only produce in industrial societies because they follow certain methodology based on science.
In addition, one of the requirements to be granted a patent is industrial application; so intellectual products need to be applicable in the industry. Singh argues that community knowledge needs to be protected by new Intellectual Property Rights, because it is an intellectual product. Downes claims for traditional intellectual property rights system to protect community knowledge because intellectual property rights could expand their scope considering other kind of knowledge under their protection and not only industrial knowledge.
However, the type of knowledge to be protected is not clear. In this case, the discussion is centered on natural genetic resources. Lesser argues for protection of natural genetic resources by Intellectual Property Rights.
He puts forth that natural genetic resources are products of using very "up to date" technology, the only capable to do research on genes. Therefore, natural genetic resources are an invention. Knowledge, base of an invention, protected by intellectual property rights Granting protection of intellectual property rights to third parties creates another discussion.
Abbot argues that intellectual property rights are only for those that make inventions, this means creations, new object in the world. Therefore, those that are not part of this invention are not entitled to claim any right.
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Dutfield proposes that communities are entitled to the protection of knowledge based on their work research on the field or testing members of the group. Therefore these communities should have the protection from Intellectual Property Rights, since the work of communities is included in the development of knowledge associated with natural genetic resources entitle them to claim for the protection of their rights.
Intellectual property rights as an instrument for policy development Intellectual property rights seems to be an instrument for development policy, because intellectual property rights might motivates the creativity of people. The Commission on intellectual property rights of the United Kingdom points out that intellectual property rights encourage people to create inventions because law will protect inventions. Jazz Tazz Blues Bands performs in a free concert at 5 p.
For information, call The event is from 4 to 9 p. They are accompanied by the chamber music quartet of the orchestra of the state music school: The concert is free and the combination of musicians promises a treat. Mundo de Juguete Antiguo is an exhibition of old-fashioned dolls.
The opening is at 7 p. Admission is by donation. You can reserve a seat seat by calling On the program, so many good performers: There will be an assortment of classic autos on display. Contact Manuel Amarillas at for more info. The city of La Paz invites you to the traditional lighting of the Christmas tree is at 5: Blues bands perform from 2 to 10 pm.
An exhibition of work by the artist Jonn Izzik has its opening at 7 p. There is a performance by jazz trumpet player and the the La Paz community Big Band. Izzik was born in Belgium and spent some time in Canada before moving to La Paz in The show continues until Jan.
There is a performance and award presentation of choral groups participating in the Concurso de Villancicos Christmas carol contest at 5 p. A night of live jazz on the beach from 6 to 11 p. There will be crafts and art work for sale, raffles and breakfast and pictures with Santa. For more information, email lapazchristmasbazaar gmail. Between now and Jan. Learn more online at http: There will be 22 singers from 12 countries.
Tickets are for sale at the production office of Teatro de la Ciudad Monday to Friday, 7 a. A show of work by Max Uranga opens at 7 p.
For reservations, call The artist leads a workshop at La Morante in pastels, acrylic and watercolour Jan. Max Uranga leads a workshop in pastels, acrylic and watercolour Jan.
Baja Blues Tour is a food drive and a travelling jam session that tours the Baja Peninsula.