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State Agency and the Patenting of Life in International Law
Ashgate Publishing, Aug 2009, Pages: 394
State Agency and the Patenting of Life in International Law: Merchants and Missionaries in a Global Society
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.
Reviews:
'Dr Amani's book is a fine work of scholarship. It mounts a powerful, original and sophisticated critique of the trade-related intellectual property regime. However, it does not just criticise; indeed, its prescription, based on the elaboration of an equitable conduct defence consistent with universal human rights norms, demands serious consideration.'
Graham Dutfield, University of Leeds, UK
'Amani persuades readers through her extensive political and legal analysis that states not only have significant legal agency when it comes to responding to the patenting of life forms, but that they must deploy it responsibly to exercise sovereignty under globalizing conditions. This is an important and timely intervention.
Rosemary J. Coombe, Canada Research Chair, York University, Canada
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