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State Agency and the Patenting of Life in International Law : Merchants and Missionaries in a Global Society (Globalization and Law)

By: Bita Amani (Author)

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Ksh 39,250.00

Format: Hardback or Cased Book

ISBN-10: 075467438X

ISBN-13: 9780754674382

Collection / Series: Globalization and Law

Collection Type: Publisher collection

Publisher: Taylor & Francis Ltd

Imprint: Routledge

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Jul 28th, 2009

Publication Status: Active

Product extent: 400 Pages

Weight: 900.00 grams

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This important and timely volume considers competing international obligations in relation to the patenting of life, offering a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values.
How should a state respond to competing international obligations where the patenting of life is concerned? Following the institutionalization of Intellectual Property in the world trading system under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), states face differing challenges and restraints on their freedom to develop biopatenting programmes. Through a comparative review of patenting in two key but diverging jurisdictions, Canada and the US, this book considers how states might exercise the right of self-determination in their domestic law and policy over biopatenting to promote objectives of human welfare and fair competition. Departing from existing studies, this timely and important volume offers a pragmatic two-step approach to state agency to resolve apparent conflicts between the regulatory options afforded by economic globalization and the need to forge domestic laws that reflect community values. In this approach, rich and poor countries alike are invited to assert the primacy of human rights in their industrial and cultural policies.

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