2006 Fiscal Year Final Research Report Summary
A Study on Genetic Resource Management and Intellectual Property Rights
| Project/Area Number |
15402030
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 海外学術 |
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| Research Field |
Business administration
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| Research Institution | Konan University |
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Principal Investigator |
SHRESTHA Manoj L Konan University, Faculty of Business Administration, Professor, 経営学部, 教授 (90248097)
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| Co-Investigator(Kenkyū-buntansha) |
ROBERT Kneller University of Tokyo, Center for Advance Science and Technology(RCAST), Professor, 先端科学技術研究センター, 教授 (20302797)
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| Project Period (FY) |
2003 – 2006
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| Keywords | Convention on Biological Diversity / Genetic Resource / Traditional Knowledge / Benefit Sharing / Intellectual Property / Technology Transfer / South Asia / Latin America |
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| Research Abstract |
This research aims to clarify the national policy and empirical case studies relating to genetic resource management and access to and benefit sharing along with the traditional knowledge with specific reference to intellectual property rights regime in South Asia and Central America. Keeping in the perspective of the high potentiality of development of genetic resources in South Asia and Central America and role of ethnic composition relating to knowledge of useful plants in this biodiversity rich area, the results of the research can be divided into three main parts.
First types of countries are those, which regards genetic resources as the important strategic materials. In this typology, come the countries having fewer competencies in science and technology relating to drug discovery and manufacturing. The specific reference of this can be taken from Costa Rica as a classic case.
The second types of the countries are those aiming to use the genetic resources domestically optimizing it
… More
s capability. They are less incline to let their resources use by foreign institutions. The countries belongings to this typology also aim to prevent the so-called bio piracy of its genetic resources and traditional knowledge by foreign corporations. It very carefully regulates regulation on access and benefit sharing of genetic resources. Countries like India and Brazil come into this category. The competency level of drug manufacturing capacity of these countries can be regarded as higher than many other developing nations.
Third types of countries can be regarded as the countries having no concrete policy and legislation platform for regulating access and benefit sharing of genetic resources. These are rich in biodiversity and have a high potentiality. The biggest problem of this type is their political and economical problem. They are neither in first nor in second typology mentioned above.
Last not least, the research shows a big role in formulating the basic concepts developed by National Institute of Health (NIH). Although the US is not a signatory of Convention on Biological Diversity (CBD), the spirit of CBD has been incorporated in NIH's guidelines before CBD came into existence.. In fact, many important references on policy guidelines can be taken from Natural Product Branch of National Cancer Institute, NIH. It has developed its own policy framework relating to Prior informed Consent (PIC), benefit sharing both financial and non financial, technology transfer, knowledge management, Mutually Agreed Terms (MAT), Material Transfer Agreement (MTA).
This research needs further continuation focusing the third typology of the countries mentioned above which are rich in biodiversity and traditional knowledge but poor in its capacity relating to human resources and technology. Japan's role in facilitating development of policy in this regard can't be overlooked. Less
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