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Global Scientific Research Commons Under the Nagoya Protocol: Governing Pools of Microbial Genetic Resources

DOI:10.2139/ssrn.2277557
  • In book: Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law (pp.224-245)
  • Chapter: Global scientific research commons under the Nagoya protocol. Governing pools of microbial genetic resources
  • Publisher: Earthscan-Routledge
Authors:
Tom Dedeurwaerdere at Université Catholique de Louvain - UCLouvain
Tom Dedeurwaerdere
Arianna Broggiato at European Commission
Arianna Broggiato
Dimitra Manou
Dimitra Manou
Dimitra Manou
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Abstract

This chapter explores new opportunities offered by the Nagoya Protocol for global sharing of basic knowledge assets for scientific research. Two major institutional models dominate this debate, the first one envisioning contractual negotiations and exclusive ownership rights and the second one favouring public domain-like conditions and non-exclusive property right regimes. This chapter compares these models in the field of microbiology, concluding that public-domain like conditions for access to basic knowledge assets and a broad interpretation of the notion of non-commercial use is both possible within the framework of the Protocol and necessary for the pursuit of global scientific research.
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Global scientific research commons under the Nagoya Protocol:
governing pools of microbial genetic resources
Tom Dedeurwaerdere (a), Ariana Broggiato, and Dimitra Manou
(a) Université catholique de Louvain (UCLouvain) et F.R.S.-FNRS, Belgium
(b) Université catholique de Louvain (UCLouvain)
Bibliographical reference
Dedeurwaerdere, T., Broggiato, A., and Manou, D. 2013. "Global scientific research commons under
the Nagoya Protocol: governing pools of microbial genetic resources", in E. Kamau and G. Winter
(eds.), Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law,
Routledge, 224-245.
Self-archived author copy
This copy is for your personal, non-commercial use only.
For all other uses permission shall be obtained from the copyright owner.
Copyright: © Routldge - Taylor & Francis Group , All rights reserved.
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