Annotated bibliography on

: 197-217.

Describes how early and now outdated approaches to protected area management and single species preservation led to a loss of cultural and biological diversity. Experiments in new methods in creating protected areas aimed also at restoring cultural diversity are considered with case studies.

Kemp, R. (1994). Regaining Cultural Identity through Visual and Performing Arts. Voices of the Earth. L. v. d. Vlist. Amsterdam, NCIV & International Books: 213-216.

Explains the role of visual and performing arts in affirming the cultural identity of Aboriginal people.

Kenya Gazette Supplement (1989). “The Industrial Property Act, 1989.” Kenya Gazette Supplement(92): 1399-1459.

Text of a law which allows for petty patents for original herbal medicinal preparations.

Keystone Center (1988). Final Report of The Keystone International Dialogue on Plant Genetic Resources. Session 1: Ex Situ Conservation of Plant Genetic Resources. Keystone, The Keystone Center.

The Keystone International Dialogue Series on Plant Genetic Resources brought together the significant constituencies in a consensus-building process to promote an international commitment to plant genetic resources. The participants agreed upon the need for additional Dialogue sessions to address: further developments on issues relating to definitions, rights and incentives and a global funding mechanism; and the active involvement of local communities in plant genetic resource activities through the integration of ex situ, in situ and other alternatives to ex situ conservation measures.

Keystone Center (1990). Final Consensus Report of The Keystone International Dialogue Series on Plant Genetic Resources. Madras Plenary Session. Second Plenary Session, 29 January-2 February, Madras, India. Washington DC, Genetic Resources Communications Systems, Inc.

The Keystone International Dialogue Series on Plant Genetic Resources brought together the significant constituencies in a consensus-building process to promote an international commitment to plant genetic resources. The discussions covered a whole range of relevant issues, including IPRs and GATT, the IUPGR and farmers’ rights, the CBD, the CGIAR and conservation.

Keystone Center (1991). Biological Diversity on Federal Lands. Report of a Keystone Policy Dialogue. Keystone, The Keystone Center.

Report of a dialogue involving about 60 people from a wide range of institutions to discuss the conservation of biodiversity on the USA’s federal lands. The participants agreed on the necessary role of biodiversity in human health and development, but that present efforts to conserve biodiversity are not completely adequate. They also found that federal lands can play a significant role in biodiversity conservation, and that the changes necessary to achieve biodiversity goals and objectives can be accomplished while allowing significant human use of natural resources on federal lands.

Khalil, M. H., W. V. Reid, et al. (1992). Property Rights, Biotechnology and Genetic Resources. Nairobi, African Centre for Technology Studies.

Discusses the economic and political aspects of the use and conservation of genetic resources. Regarding indigenous knowledge, human rights, just compensation and incentives for innovation and conservation are all important if we wish to consider recognising and protecting such knowledge.

Khalil, M. (1995). Biodiversity and the Conservation of Medicinal Plants: Issues from the Perspective of the Developing World. Intellectual Property Rights and Biodiversity Conservation: An Interdisciplinary Analysis of the Values of Medicinal Plants. T. Swanson. Cambridge, Cambridge University Press: 232-253.

First, addresses the place of medicinal biodiversity in the folk cultures of some communities in the developing countries and reviews conservation efforts made by some countries that have recognised the significance of medicinal biota. Second, explores the impact of uniform patent protection on biodiversity conservation in developing countries. What is needed by the world is not a uniform IPR system, but a diverse one which respects the rights of traditional cultures. Moreover, developing countries should recognise the rights of indigenous communities before commensurate recognition flows from industrialised countries. One way of doing this is to extend legal cover to domestic knowledge.

Khalil, M. H. (1996). Indigenous Knowledge, Property Rights and Biodiversity Conservation: Issues from the Perspective of the Developing World. Valuing Local Knowledge: Indigenous Peoples and Intellectual Property Rights. S. B. Brush and D. Stabinsky. Covelo, CA, Island Press.

Recommends: 1) the issue of indigenous rights of ownership of medicinal genetic resources should be considered in new institutional arrangements forged to exploit herbal knowledge; 2) developing countries should recognise the rights of traditional communities before commensurate recognition flows from industrialised countries.

Khalil, M. H. (1996). Indigenous Disenfranchisement and Long-Term De-Conservation: The Impact of Property Rights, Bioprospecting Agreements, and Global Institutions on Genetic Resources and Indigenous Cultures. Nairobi, ACES Press.

The first part of the paper focuses on the salient features of tropical medicine as practiced in Kenya, and indicates that secrecy is a form of IPR practiced by traditional healers. The second part addresses the broader international concerns related to ownership rights, and argues that collaborative expressions of the INBio/Merck type pose serious threats to biodiversity conservation in developing countries. Unless the rights of the real custodians are protected, and unless these rights embody their habitats as well, the Costa Rican ‘recipe’ will be nothing but disaster for biodiversity conservation.

Khlestov, N. (1997). “WTO-WIPO Co-operation: Does It Have a Future?” European Intellectual Property Review(10): 560-562.

Discussion on co-operation between the WTO and WIPO in the interests of a more stable and uniform legal protection regime for the better protection of IPRs.

Khor Kok Peng, M. (1986). Lifestyles in Rich Countries Blamed for Tropical Rainforest Destruction. Penang, Third World Network.

Every year up to 50 million acres of tropical rainforest are chopped down to satisfy the wasteful lifestyles of the rich countries. For example tropical timber is used to make toilet seats and throw away chopsticks.

Khor Kok Peng, M. (1990). “The Uruguay Round and the Third World.” The Ecologist 20(6): 208-213.

Through the incorporation of services and investments into GATT, TNCs will be able to penetrate sectors of the Third World hitherto inaccessible to them. The informal sector is likely to be swallowed up as TNCs begin to dominate the market. Third World countries will suffer in other areas too as the position of TNCs becomes increasingly entrenched.

Khor Kok Peng, M. (1990). Tribals are Best Defenders of Tropical Forests. Penang, Third World Network.

Poor people are usually blamed for tropical forest destruction. In fact the forest is damaged by commercial interests and the forest peoples are its best defenders, as shown in the Sarawak case.

Khor Kok Peng, M. (1990). Recolonization: GATT & The Third World. Multinational Monitor: 15-19.

Interview with Martin Khor of the Consumers’ Association of Penang and Third World Network. The discussion takes a generally critical stance towards GATT and free trade.

Khor Kok Peng, M. (1993). India: 500,000 Farmers Rally Against GATT Proposals and Patenting of Biomaterials, Third World Network.

A protest of Indian farmers against the Dunkel Draft took place. A speaker, Professor Nanjundaswamy read out eight resolutions including opposition to the entry of TNCs in agriculture; support for blocking the flow of genetic resources out of the country by direct action; continuation of the free exchange of seeds and biological wealth between Third World farmers; freedom of all countries to formulate their own agricultural policies; claimants to IPRs over biological resources having to prove they are not stealing the IPRs of farmers; endorsement of founding an international research institute to implement cooperation between and scientists in the area of protecing the farmers IPRs and to promote sustainable agriculture.

Kina, J. (1994). PNG Included in Endangered Indigenous Community. The Times of PNG: 3.

Considers the implications of the HGDP for the peoples of New Guinea.

King, S. R. (1991). “The Source of our Cures.” Cultural Survival Quarterly 15(3): 19-22.

Explains guiding philosophy and activities of Shaman Pharmaceuticals. This company is committed to providing direct and immediate reciprocal benefits to its indigenous collaborators.

King, S. R. (1992). Pharmaceutical Discovery, Ethnobotany, Tropical Forests and Reciprocity: Integrating Indigenous Knowledge, Conservation and Sustainable Development. Sustainable Harvest and Marketing of Rainforest Products. M. Plotkin and L. Famolare. Washington DC, Conservation International / Island Press: 231-238.

Author justifies the ethnobiological method of selecting samples for screening on grounds of improved chances of yielding bioactive compounds. Shaman Pharmaceuticals provides immediate benefits for its indigenous collaborators and for local community organisations whether or not all the communities collaborate. Shaman is aware of the challenges facing sustainable harvesting and marketing of non-timber forest products.

King, S. R. (1992). Conservation and Tropical Medicinal Plant Research. HerbalGram: 28-35.

Both medical plant knowledge systems and tropical forest ecosystems are being erased at an unprecedented and unacceptable rate. Author explains the work of Shaman Pharmaceuticals in this context.

King, S. R. (1994). Establishing Reciprocity: Biodiversity, Conservation and New Models for Cooperation between Forest-Dwelling Peoples and the Pharmaceutical Industry. Intellectual Property Rights for Indigenous Peoples: A Sourcebook. T. Greaves. Oklahoma City, SfAA: 69-82.

The question is no longer whether forest-dwelling people and indigenous people should benefit from products developed based on their knowledge and forest management technology, but rather how to provide these benefits in the most fair and effective method. Benefits by the author’s company, Shaman Pharmaceuticals, are provided in accordance with the expressed needs of the local people as well as their contribution to natural products research. It is argued that benefits should be immediate and include acknowledgment of the intellectual contribution of indigenous peoples.

King, S. R. and M. S. Tempesta (1994). From Shaman to Human Clinical Trials: The Role of Industry in Ethnobotany, Conservation and Community Reciprocity. Ethnobotany and the Search for New Drugs. D. J. Chadwick and J. Marsh. Chichester, John Wiley & Sons: 197-206.

Explains advantages of ethnobotanical approach to drug discovery and the ethical approach of Shaman.

King, S. R. (1996). Conservation and Tropical Medicinal Plant Research. Medicinal Resources of the Tropical Forest: Biodiversity and Its Importance to Human Health. M. J. Balick, E. Elisabetsky and S. A. Laird. New York, Columbia University Press: 63-74.

Both medical plant knowledge systems and tropical forest ecosystems are being erased at an unprecedented and unacceptable rate. Author explains the work of Shaman Pharmaceuticals in this context.

King, S. R. and T. J. Carlson (1996). Biological Diversity, Indigenous Knowledge, Drug Discovery and Intellectual Property Rights: Creating Reciprocity and Maintaining Relationships. Valuing Local Knowledge: Indigenous Peoples and Intellectual Property Rights. S. B. Brush and D. Stabinsky. Covelo, CA, Island Press.

When traditional knowledge is being studied researchers must return benefits to communities. When a potentially marketable plant product is developed, equitable agreements must be established including researchers, culture and country. Also important are immediate benefits through projects enhancing biocultural diversity.

King, A. B. and P. B. Eyzaguirre (1999). “Intellectual Property Rights and Agricultural Biodiversity: Literature Addressing the Suitability of IPR for the Protection of Indigenous Resources.” Agriculture and Human Values 16(1): 41-49.

Intellectual property has been suggested as a means to protect indigenous resources from misappropriation, and to create increased investment in their conservation. This article reviews four books that discuss the problems that arise from the application of IPR for the protection of indigenous resources. All of them highlight a salient issue: that current IPR systems may conflict with and undermine the culture, social structure, and knowledge systems of indigenous societies. The books are by Brush, Swanson, Greaves and Posey and Dutfield.

Kingsbury, B. (1992). Self-Determination and ‘Indigenous Peoples’. The American Society of International Law: Proceedings of the 86th Annual Meeting. A. S. o. I. Law. Washington DC, ASIL: 383-394.

Customary international law recognises a right of self-determination, and claims to this right come more and more often from non-state groups such as indigenous peoples. It is argued first that self-determination need not entail the option of separate statehood; second, that self-determination must be understood in terms of process and political legitimation; and third, that ‘statehood’ should not be seen as a single outcome.

Kingsbury, B. (1992). “Claims by Non-State Groups in International Law.” Cornell International Law Journal 25(3): 481-513.

This article examines the norms developed by the international legal system to address issues arising in relations between states and non-state groups. It argues that in international political debates, and in much of the legal material, three distinct general domains of discourse have been employed to express and address claims by non-state groups. The separate structure of each of these domains has obscured the overlap of underlying justificatory purposes among these different domains. The article contains an in-depth discussion on the subject of self-determination.

Kingsbury, B. (1994). Whose International Law? Sovereignty and Non-State Groups. The American Society of International Law: Proceedings of the 88th Annual Meeting. Washington DC, ASIL: 1-13.

Discussion on juridical conceptions of sovereignty which considers the implications for non-state groups such as indigenous peoples in advancing their claims of two competing visions of international relations. The author refers to these visions as international society and liberal transnational civil society.

Kingsbury, B. (1995). ‘Indigenous Peoples’ as an International Legal Concept. Indigenous Peoples of Asia. R. H. Barnes, A. Gray and B. Kingsbury. Ann Arbor, Michigan, The Association for Asian Studies: 13-34.

Outlines international activity concerning indigenous peoples, examines the classifications used by the major international institutions concerned with such groups, and considers the problems faced by the UN Working Group on Indigenous Populations in preparing a draft Declaration on the Rights of Indigenous Peoples. Based on international practice, a list of essential requirements and other indicia will be suggested. The conclusion summarises the findings of the paper, and makes the point that much of the international law bearing upon the claims by indigenous peoples does not depend directly on use of the category ‘indigenous peoples’.

Kinsella, N. S. (1998). “Editorial: Is Intellectual Property Illegitimate?” Patent Bar Association Intellectual Property Law Newsletter 1(2): 3.

Patent lawyers take for granted the legitimacy of having a patent system, and intellectual property lawyers in general would probably be surprised to know that the legitimacy of IPR laws historically has been, and continues to be, the subject of some controversy, at least in theoretical or academic circles. The author reviews some of the historical and contemporary justifications for and criticisms of IPRs and argues that IPR lawyers should be prepared to question and reflect on these widely-held justifications.

Kipuri, N. (1993). Wildlife Conservation and the Marginalization of Pastoralists: The Case of Kajiado District of Kenya. July 28-30. I. I. P. Symposium. Zuni, New Mexico.

Pastoralists like the Maasai are able to utilise resources of the range sustainable due to their knowledge systems and ethical traditions. Nevertheless the Maasai do not seem to obtain many benefits from the tourist industry which in turn thrives from wildlife. Other interventions have also contributed to the increased competition for range resources. The conservation strategy that sets wildlife apart from people as the best means of preserving them has failed.

Kipuri, N. (1995). International Perspectives and Importance of Indigenous Knowledge Systems and Institutions in Natural Resource Management: Contributions and Experiences of the Pastoral Maasai of East Africa. Midmar, Kwazulu. R. W. o. S. a. P. o. I. K. S. i. N. R. M. i. S. Africa. 23-28 April.

Demonstrates the significance of Indigenous Knowledge Systems in pastoral societies, specifically among the Maasai. Their depth and extent has persisted in spite of (or because of) inadequate development interventions.

Kleiner, K. (1994). UN Takes Control of Seed Banks. New Scientist: 7.

Reports that the FAO has taken charge of the 12 CGIAR seedbanks in a move to ensure that the collections remain open to all researchers.

Kleiner, K. (1995). Billion-Dollar Drugs are Disappearing in the Forest. New Scientist: 5.

Reports that two researchers, Michael Balick of the New York Botanical Garden, and Robert Mendelsohn of Yale University, estimate that tropical forests contain undiscovered medicines worth $147 billion.

Kleiner, K. (1995). Pesticide Tree Ends Up in Court. New Scientist.

A global coalition of pressure groups has launched a challenge to a US patent owned by W.R. Grace on a pesticide derived from the seeds of the neem tree.

Klemm, C. d. and C. in collaboration with Shine (1993). Biological Diversity Conservation and the Law: Legal Mechanisms for Conserving Species and Ecosystems. Gland, Cambridge & Bonn, IUCN.

Review of international law and conservation strategies relating to species and ecosystems. The book is intended to guide national implementation of international agreements such as the CBD.

Klemm, C. d., A. J. Tolentino, et al. (1995). Conserving Biological Diversity: The Legal and Institutional Issues. Biodiversity Conservation in the Asia and Pacific Region: Constraints and Opportunities. Manila, IUCN & Asian Development Bank: 402-449.

The CBD was a major development of international law. Effective implementation will almost certainly require imaginative and full use of the legislative process. This paper discusses some of the means available to States to translate into national legislation the CBD’s obligations, seeking to provide the reader with various legislative options which are available, rather than delineating a single model to be followed. However, while every country will need to design legislation specifically relevant to its own needs, many benefits are to be gained from regional harmonisation and cooperation regarding transboundary aspects.

Kloppenburg, J., Jr. and D. L. Kleinman (1987). “Seed Wars: Common Heritage, Private Property, and Political Strategy.” Socialist Review 95: 6-41.

Whatever the historical period, whatever the mode of production, plants and their products have been a fundamental component of the material base on which all human societies have been raised. If plant agriculture is one of the material foundations of society, the seed is the material foundation of plant agriculture. As such, plant germplasm is a resource of tremendous value. This article explains how access to, control over, and preservation of plant genetic resources have now emerged as fields of international conflict and concern.

Kloppenburg, J., Jr. (1988). First the Seed: The Political Economy of Plant Biotechnology. Cambridge, Cambridge University Press.

The emergence of the new biotechnologies and of large corporations that produce both seeds and chemicals for the agriculture industry is a significant recent phenomenon. In spite of their dependence on the plant genetic resources of the South, the economic and political power of these corporations and of Northern governments has ensured that they continue to enjoy free access to these resources.

Kloppenburg, J., Jr., Ed. (1988). Seeds and Sovereignty: The Use and Control of Plant Genetic Resources. Durham, NC, USA, Duke University Press.

Contributions deal with the history of plant genetic resource transfer, the politics of ownership, access and control of these resources, and the various measures that could be taken to ensure that benefits from their exploitation are shared fairly.

Kloppenburg, J. (1990). No Hunting! Scientific Poaching and Global Biodiversity. Z Magazine: 104-8.

Condemnation of inequitable exploitation of genetic resources by companies and institutions in the North which acquire the resources for free without benefits going back to the source countries.

Kloppenburg, J., Jr. (1991). “No Hunting! Biodiversity, Indigenous Rights and Scientific Poaching.” Cultural Survival Quarterly 15(3): 14-18.

The value of Third World genetic resources is very high. Northern agricultural development is the result of the free transfer of these resources. Biotechnology now increases the value of these resources, yet the South is not benefiting. Indigenous people must become more aware of this situation, and their property rights must be respected for benefits to be shared fairly.

Kloppenburg, J., Jr. (1992). “Conservationists or Corsairs?” Seedling 9(2/3): 12-17.

Critical assessment of INBio-Merck agreement. Author assumes royalties of 5% and that the Conservation of Wildlife Bill challenges INBio’s present rights as if they are facts. He criticises INBio for its lack of accountability, its private status and failure to recognise rights of various social groups.

Kloppenburg, J. (1994). A Consultancy Report to the FAO. Rome, FAO.

Argues that bilateral agreements between nation states and corporations undermines possibilities for a multilateral resolution to the question of equitable benefit sharing. In response, the FAO must ensure that the IUPGR incorporates provision for direct participation of farmers and indigenous peoples and a fair compensation mechanism.

Kloppenburg, J. and T. Gonzales (1994). Between State and Capital: NGOs as Allies of Indigenous Peoples. Intellectual Property Rights for Indigenous Peoples: A Sourcebook. T. Greaves. Oklahoma City, SfAA: 163-177.

Explains the advantages and drawbacks for indigenous peoples of forging alliances with NGOs, and examines the trade-offs in these alliances that indigenous peoples must weigh.

Kloppenburg, J., Jr. (1996). Sophisticated Science and Primitive Accumulation: W(h)ither Farmer’s Rights? New Haven, CT. P. i. A. S. Colloquium Series. 26 January, Yale University.

Text of a consultancy report to the FAO Commission on Plant Genetic Resources that evaluates the International Undertaking on Plant Genetic Resources. inter alia, the author recommends that (i) ‘farmers’ rights’ be renamed ‘farmers’ and indigenous peoples’ rights’; (ii) the wording of the IUPGR be changed to vest ‘farmers’ and indigenous peoples’ rights’ in farmers and indigenous peoples rather than in the ‘international community as trustee’; and (iii) immediate steps be taken to identify representatives and organisations of indigenous peoples and farmers who will participate in all phases of the deliberations of the CPGR and who will identify and manage mechanisms for funding and implementing Farmers’ and Indigenous Peoples’ Rights.

Kloppenburg, J. R. J. and M. J. Balick (1996). Property Rights and Genetic Resources: A Framework for Analysis. Medicinal Resources of the Tropical Forest: Biodiversity and Its Importance to Human Health. M. J. Balick, E. Elisabetsky and S. A. Laird. New York, Columbia University Press