Annotated bibliography on

: 10-12.

Though much of the world’s biodiversity is found in the South, control over genes, plants, animals and other living organisms is increasingly in the hands of Northern interests. The author argues that the growing trend towards the patenting of life forms violates the intellectual integrity of indigenous and other Third World communities and its stifling innovation in the South.

Mooney, P. R. (1993). “Genetic Resources in the International Commons.” Review of European Community and International Environmental Law 2(2): 149-151.

Argues that the North’s dependence on the South’s biodiversity has increased due to genetic erosion. The INBio-Merck agreement is criticised and developing countries are urged not to engage in individual environmental entrepreneurial competition with each other, but to bargain collectively.

Mooney, P. R. (1996). The Parts of Life: Agricultural Biodiversity, Indigenous Knowledge, and the Role of the Third System. Uppsala, Dag Hammarskjold Foundation.

Describes the debates at FAO in the early 1980s resulting in the creation of the Commission and the IUPGR, and the discussions of the Keystone Dialogue Series on Plant Genetic Resources. The author comments on the process leading to, and the outcome of, the 1996 Leipzig conference on plant genetic resources, the CBD Conference of the Parties, and the 1996 World Food Summit. He explains the need to reform the CGIAR system, comparing the official view with those who maintain that food security means supporting local farmers in pursuing their practices and technologies within their own development framework. He discusses the commercial prospecting of other genetic resources to develop new products, including human genes. Linked to this is the growing concentration of capital and power among corporations in the area of food security and biodiversity. Finally, he discusses the roles of the different actors and particularly those of civil society organisations (the Third System).

Moore, S. and B. Carter (1993). “Ecotourism in the 21st Century.” Tourism Management(April): 123-30.

Ecotourism has been characterise by: (a) the marketing of resources without acknowledging the impact on resources that visitors can create; and (b) the management of resources without acknowledging the impact of protection policies on tourism operators and their clientele. Both responses have failed to consider adequately the long-term impact on the physical, social and economic environment and visitor experiences. This paper considers the case of Australia.

Moore, A. D., Ed. (1997). Intellectual Property: Moral, Legal, and International Dilemmas. Lanham & Oxford, Rowman & Littlefield Publishers.

Anthology dealing with the ethical, philosophical, legal, and practical issues surrounding the ownership of intellectual property.

Moran, K. (1991). “Debt-For-Nature Swaps: U.S. Policy Issues and Options.” Renewable Resources Journal(Spring): 16-22.

In 1984, Thomas Lovejoy, then of World Wildlife Fund, first proposed that indebted developing countries be allowed to exchange their debt for protection of natural resources, particularly tropical forests. This concept has now become reality with more than $100 million in debt-for-nature swaps. As the US initiates the use of official debt to expand this concept, policy makers need to examine more thoroughly the benefits and constraints of this action and to clearly define options available for implementation.

Moran, W. (1993). “Rural Space as Intellectual Property.” Political Geography 12(3): 263-277.

Under free trade agreements nations are questioning the commercial legislation governing production of their partners. Also, for specific commodities, groups of producers and countries are bring litigation against other trading partners over the use of place-names by successfully claiming that they are intellectual property. Both processes are part of the globalisation of production under capitalism but their effects may be contradictory. Increased similarity in the commercial legislation of countries will enhance the advantage of the most competitive regions and nations leading to greater regional specialisation in rural production.

Moran, A. G., Ed. (1994). IPR Sourcebook Philippines: With Special Emphasis on Intellectual Property Rights in Agriculture and Food. Los Baños, Philippines, University of the Philippines, Los Baños College of Agriculture & Management and Organizational Development for Empowerment.

This collection of conference papers, other papers, and discussion transcripts deals with local applications and implications of IPR, and with ethical and legal dimensions in policy review and advocacy of IPR.

Morell, V. (1995). “Who Owns the Past?” Science 268: 1424-1426.

Around the world, scientists are losing bones and artifacts in clashes with native cultures. Some of them worry that this means the end of archaeology and anthropology. Other scientists, though, have negotiated successfully with native peoples and been able to continue their work with the acceptance or support of the local people.

Moufang, R. (1998). The Concept of ‘Ordre Public’ and Morality in Patent Law. Octrooirecht, Ethiek en Biotechnologie/Patent Law, Ethics and Biotechnology/Droit des Brevets, Ethique et Biotechnologie. G. v. Overwalle. Brussels, Bruylant: 65-77.

Argues that patent law is not ethically neutral. The moral foundations of patent law largely depend on the values of technical progress and free market economy since the primary task of patent law is to protect technical innovation by exclusive property rights. Considerations based on ethical arguments pervade the entire normative structure of the patent system and play an important role in its further development.

Mshana, R. N. and J. A. Ekpere, Eds. (1997). Medicinal Plants and Herbal Medicine in Africa: Policy Issues on Ownership, Access and Conservation. Report and Recommendations of the 1st OAU/STRC/DEPA/KIPO Workshop. Silver Spring, BDCP Press.

This book contains the reports of the working groups and recommendations of the Workshop on Medicinal Plants and Herbal Medicine in Africa: Policy issues on Ownership, Access and Conservation, held in Nairobi, Kenya in April, 1997. This workshop was organized by Scientific, Technical and Research Commission of the Organization of African Unity, Kenya Industrial Property Office and Development Partners. The workshop consisted of presentations and group discussions on IPRs, traditional practices and beliefs concerning ethnobiology and biodiversity in Africa, legal framework for ownership, access and utilisation of African biodiversity, drug development and country reports on existing national policies.

Mugabe, J. (1994). Technology and Biodiversity in Kenya: Technological Capabilities and Institutional Systems for Conservation. Widening Perspectives on Biodiversity. A. F. Krattiger, J. A. McNeely, W. H. Lesseret al. Gland & Geneva, IUCN & IAE: 81-92.

Overview of national technological capabilities for biodiversity conservation in Kenya. Reviews two case studies of institutions engaged in biodiversity conservation, the Kenya Wildlife Service and the National Genebank of Kenya.

Mugabe, J. and N. Clark (1996). Technology Transfer and the Convention on Biological Diversity: Emerging Policy and Institutional Issues. Nairobi, ACTS Press.

This paper is concerned with how to facilitate the development and transfer of technology relevant to conservation of biodiversity and sustainable use of its components. It examines the range and nature of technologies relevant to the objectives of the CBD and suggests ways or means to facilitate the development and transfer of such technologies. The paper also focuses on the importance of biotechnology to the conservation and sustainable use of biodiversity, and measures to facilitate its access and transfer to developing countries.

Mugabe, J., C. V. Barber, et al. (1996). Managing Access to Genetic Resources: Towards Strategies for Benefit-Sharing. Nairobi, African Centre for Technology Studies.

Reviews provisions in the CBD dealing with access to genetic resources, benefit sharing, national sovereignty and prior informed consent from the position of developing countries. Also briefly analyses exemplary legislation from the Andean Pact and the Philippines. Concludes with recommendations.

Mugabe, J. and N. Clark (1996). “Technology Transfer and the Biodiversity Convention: Issues of Conservation and Sustainable Use.” Science, Technology and Development 14(3): 1-31.

This paper is concerned with how to facilitate the development and transfer of technology relevant to conservation of biodiversity and sustainable use of its components. It examaines the range and nature of technologies relevant to the objectives of the CBD and suggests ways or means to facilitate the development and transfer of such technologies. Developing countries treat IPRs as a barrier to transfer of technology while developed countries argue that to stimulate and promote private investments in technological development, countries should strengthen IPRs. Howver, neither position is informed by empirical evidence of how IPRs affect the transfer of specific technologies to developing countries. [An earlier version of this paper was published in ACTS’ Biopolicy series].

Mugabe, J., C. V. Barber, et al., Eds. (1997). Access to Genetic Resources: Strategies for Sharing Benefits. Nairobi, ACTS Press.

This collection underscores the importance of informed national approaches to enforce access to genetic resources and benefit sharing provisions of the CBD. It discusses key issues concerning access to genetic resources and sharing of benefits arising from their use; and examines ongoing efforts to formulate and implement national measures.

Mugabe, J., C. V. Barber, et al. (1997). Managing Access to Genetic Resources. Access to Genetic Resources: Strategies for Sharing Benefits. J. Mugabe, C. V. Barber, G. Henne, L. Glowka and A. La Viña. Nairobi, ACTS Press: 5-32.

Reviews provisions in the CBD dealing with access to genetic resources, benefit sharing, national sovereignty and prior informed consent from the position of developing countries. Also briefly analyses exemplary legislation from the Andean Pact and the Philippines.

Mugabe, J. and J. Otieno-Odek (1997). National Access Regimes: Capacity Building and Policy Reforms. Access to Genetic Resources: Strategies for Sharing Benefits. J. Mugabe, C. V. Barber, G. Henne, L. Glowka and A. La Viña. Nairobi, ACTS Press: 95-114.

Examines conditions necessary in developing countries to formulate and effectively implement national measures to regulate access to genetic resources and promote fair and equitable sharing of benefits. Most developing countries already have national laws, administrative measures and institutional arrangements that could be used to regulate access instead of creating new legislation and institutions. The chapter argues that these countries will be able to implement CBD Article 15 if they adopt a gradual approach allowing the countries to exploit and upgrade existing measures before formulating entirely new legislation. In Africa, most countries will need to reform their current land and resource tenure laws to create the necessary conditions for regulating access to and benefit sharing from use of genetic resources.

Mukerjee, M. (1995). “Tribal Struggle.” Scientific American(May): 10-12.

Describes the situation of the various Negrito tribal groups inhabiting the Andaman Islands in the Indian Ocean. Most are suffering as a result of contacts with outsiders, but the North Sentinel islanders shun social contacts with other humans.

Mukerjee, M. (1996). The Berry and the Parasite. Scientific American: 18-20.

Describes the struggle of an Ethiopian sceintist, Aklilu Lemma to develop a cure for schistosomiasis using extracts from the endod berry. Although there have been a number of endod-related patents, it has proved impossible to agree acceptable terms for transferring or licensing the patented inventions, and neither the patent holders nor the African people have benefited in any way.

Murray, M. G., M. J. B. Green, et al. (1997). Biodiversity Conservation in the Tropics - Gaps in Habitat Protected and Funding Priorities. Cambridge, World Conservation Press.

This study makes use of extensive spatial datasets, not previously available, to provide a comprehensive assessment of the conservation status of biodiversity throughout the tropics. The extent to which potential habitats and closed moist forests are represented in protected areas is assessed. Priorities for conservation action are identified on the basis of a country’s relative importance for a given habitat and the extent to which it is protected. National importance for biodiversity is also examined in relation to natural and foreign investments in protected areas.

Myers, N. (1992). The Primary Source: Tropical Forests and Our Future. New York & London, W. W. Norton & Co.

Tropical forests form the most diverse and complex ecosystem on earth with 40% of all living species. They provide us with food, medicines, germplasm stocks to replenish our crops, and new types of energy sources. It is clear that we cannot afford to lose out tropical forests. But we are losing them. Where is this happening and why? The answers to these critical questions are set forth in this book. The updated edition discusses what progress has been made in the past decade and why it has been slow; the current status of the tropical forests; and what actions need to be taken now to save the ones we still have.

Myers, N. (1993). “Biodiversity and the Precautionary Principle.” Ambio: 2-7.

The precautionary principle is becoming an established guideline for policy makers tackling environmental problems. In salient respects it applies to biodiversity more than to any other environmental problem. This is because the mass extinction gathering force, if it proceeds unchecked, not only will eliminate half or more of all species, but will leave the biosphere impoverished for at least 5 million years.

Myers, N. (1995). Environmental Unknowns. Science. 269: 358-60.

Among the environmental problems ahead, the most important ones could be those that are still unknown to us. This conceptual article explores this prospect on the grounds that it is important not only to supply answers to recognised questions but to raise appropriate new questions.

Myers, N. (1995). The World’s Forests: Need For a Policy Appraisal. Science. 268: 823.

Argues for a fresh policy approach towards forests and provides proposals that should be considered by the World Commission on Forests and Sustainable Development.

Nabhan, G. P. (1989). Enduring Seeds: Native American Agriculture and Wild Plant Conservation. San Francisco, North Point Press.

In the wake of modern technological farming practices, many scientists have begun to sound the alarm on the crisis of genetic erosion. An ethnobiologist provides examples of how wildness and genetic diversity must be reintegrated with cultivation for our crops to survive and offers the hope of preserving not only our food but also our ecosystems. By restoring our lands and communities to a balanced diversity, we will ensure the survival of plants and animals and human cultures.

Nabhan, G. P. (1997). Cultures of Habitat: On Nature, Culture and Story. Washington DC, Counterpoint.

A collection of essays in which the author attempts to answer: why naturally diverse regions are also culturally diverse; what allows certain communities to resist harmful economic and social change; whether these communities retain more intact habitats in their homeland because of this resistance; why such similar forces seem to undercut both biological and cultural diversity; and what we can do to control these forces.

Nafziger, J. A. R. (1987). “Protection of Cultural Property.” California Western International Law Journal 17: 283-89.

The United States has various legal mechanisms at its disposal to protect cultural property, both its own and property of other countries held in the United States. In addition to the UNESCO Convention, national laws and bilateral agreements can be divided into soft laws and hard laws. Improvements could be made by defining the concept of ‘genuine significance’ for a satisfactory compromise between the national patrimony versus common heritage standpoints.

Napier, A. D. (1994). “Saving or Enslaving: The Paradox of Intellectual Property.” Journal of the Anthropological Society of Oxford 25(1): 49-58.

An ethnographic view of IPRs, with special reference to the patent rights of indigenous peoples. The author explains that patent law assumes that collective knowledge is ‘obvious’. In this way, such knowledge is incapble of being protected by patents.

National Cancer Institute (1994). The National Cancer Institute’s Letter of Collection. Bethesda, NCI.

The NCI’s Material Transfer Agreement, which is intended to guarantee equitable benefit sharing with countries providing genetic resources through the Institute’s bioprospecting programmes.

National Institutes of Health (1993). Papua New Guinea Human T-Lymphotropic Virus. Patent Cooperation Treaty.

Patent application for a cell-line from a sample obtained from a member of the Hagahai people of New Guinea.

National Research Council (1990). Plant Biotechnology Research for Developing Countries. Report of a Panel of the Board on Science and Technology for International Development. W. DC. Washington D.C., National Academy Press.

Report of the discussions of a panel that aimed to identify areas of biotechnology that held sufficient promise such that they could be promoted in developing countries through new collaborative initiatives with US scientific counterparts.

Nature (Editorial) (1995). Patenting Nature Now. Nature. 377: 89-90.

Discussion of the neem patents controversy which concludes that these patent should be judged by the terms on which they were granted -- not on the extent to which they conflict with traditional knowledge systems that have only a marginal role in the modern world.

Neto, R. B. (1998). “Brazil’s Scientists Warn Against ‘Nationalist’ Restrictions.” Nature 392: 538.

Brazilian scientists are worried by a law that aimed at protecting the ‘theft’ of genetic resources by foreigners could become a major obstacle to future research programmes in the area. The law, which is being debated in the Brazilian Congress, is intended to meet the country’s commitments following its ratification of the CBD.

Nettheim, G. (1988). ‘Peoples’ and ‘Populations’ - Indigenous Peoples and the Rights of Peoples. The Rights of Peoples. J. Crawford. Oxford, Clarendon Press: 107-126.

Many of the claims of indigenous peoples are not specific to indigenous peoples and have recognition in international law. However, they also have their own claims derived from dispossession of their lands and destruction of their culture. Acknowledgment and recognition of land rights along with their other claims categorised under the umbrella of ‘self-determination’ are, in part, occurring in the Australian and Canadian legal systems. However, more needs to be done.

New Scientist (1994). Seeds of Discontent. New Scientist: 3.

Reports on the World Bank’s bid to take over the IARC’s. The editorial argues that this should be resisted.

New Scientist (1994). Patent Good Sense. New Scientist: 3.

Editorial which argues that biotech companies must, and eventually will, agree to pool patents and share broadly based rights.

Newton, J. (1996). “Towards a European Utility Model.” European Intellectual Property Review 8: 446-449.

In July 1995, the European Commission presented a Green Paper on the protection of utility models (petty patents) in the single market. This article reviews the Commission’s findings as to the need for action at Community level, and discusses its principle legislative suggestions.

Nicholson, H. N. (1992). “Cultural Centres or Trading Posts?” Museums Journal(August): 31-4.

The cultural heritage of the coastal aboriginal peoples of western Canada has captivated -- and been captured by -- travellers, traders, ethnographers and artists. Now, attitudes to presenting native heritage are changing. The author reviews some of the ethical and practical problems which have arisen.

Niedzielska, M. (1980). “The Intellectual Property Aspects of Folklore Protection.” Copyright(November): 339-346.

Searches for a way to apply copyright law to folklore. It may also be necessary to consider the intellectual property field for protection instruments. For example, the use of appellations of origin and unfair competition might be usefully applied.

Nietschmann, B. (1997). Protecting Indigenous Coral reefs and Sea Territories. Conservation Through Cultural Survival. S. Stevens. Washington DC & Covelo, Island Press: 193-224.

Coral reefs are part of the customary marine tenure (CMT) areas of many tropical island and mainland coastal indigenous peoples. Many coastal ocean peoples have initiated and support community-based coral reef protection and integrated coral reef management as a means to advance the recognition of indigenous rights to sea territories, coral reefs, and marine resources. This chapter deals with the coastal Miskito, indigenous owners of the largest and least disturbed tract of coral reefs in the nearshore Caribbean.

Nijar, G. S. (1993). Intellectual Property Rights: The Threat to Farmers and Biodiversity. Third World Resurgence. 39: 35-40.

Traces the historical route by which Northern countries have step by step imposed IPR regimes on biological materials and how they are now attempting to make these uniform and universal. It analyses the intricacies of the state of play in two major forums: the Uruguay and the CBD, and shows the implications of patenting life forms for farmers and biodiversity.

Nijar, G. S. (1994). Towards a Legal Framework for Protecting Biological Diversity and Community Intellectual Rights: A Third World Perspective. Penang, Malaysia, Third World Network.

Argues that recognition of farmers’ and indigenous peoples’ rights are essential for biodiversity conservation, and proposes two model laws as a contribution to a new legal framework that would embody such recognition.

Nijar, G. S. (1996). In Defence of Indigenous Knowledge and Biodiversity: A Conceptual Framework and Essential Elements of a Rights Regime. Penang, Third World Network.

Explains the link between traditional knowledge and the protection of biodiversity and discusses international developments affecting recognition of rights in biodiversity of nations, farmers and indigenous peoples. Three draft model laws are presented: the Collectors of Biological Resources (Control and Licensing) Act, the Contract between the Collector and the Government; and the Community Intellectual Rights Act.

Nijar, G. S. (1996). TRIPS and Biodiversity - The Threat and Responses: A Third World View. Penang, Third World Network.

Considers the biodiversity crisis and the implications of TRIPS for biodiversity and the Third World. It is argued that TRIPS undermines the objectives of the CBD. In response, the author proposes various responses in the context of the WTO provisions, the WTO Committee on Trade and Environment, and the CBD.

Nijar, G. S. (1997). Developing a ‘Rights Regime’ in Defence of Biodiversity and Indigenous Knowledge. Access to Genetic Resources: Strategies for Sharing Benefits. J. Mugabe, C. V. Barber, G. Henne, L. Glowka and A. La Viña. Nairobi, ACTS Press