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NORTH-SOUTH BENEFIT SHARING ARRANGEMENTS IN BIOPROSPECTING AND GENETIC RESEARCH: A CRITICAL ETHICAL AND LEGAL ANALYSIS
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NORTH-SOUTH BENEFIT SHARING ARRANGEMENTS IN BIOPROSPECTING AND GENETIC RESEARCH: A CRITICAL ETHICAL AND LEGAL ANALYSIS

Author: UDO SCHÜKLENK; KLEINSMIDT ANITA
Publisher: Blackwell Publishing
Edition/Format: Article Article : English
Publication:Developing World Bioethics, 6, no. 3 (2006): 122-134
Database:ArticleFirst
Other Databases: MEDLINE
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Document Type: Article
All Authors / Contributors: UDO SCHÜKLENK; KLEINSMIDT ANITA
ISSN:1471-8731
Language Note: English
Unique Identifier: 437594247
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schema:description"Most pharmaceutical research carried out today is focused on the treatment and management of the lifestyle diseases of the developed world. Diseases that affect mainly poor people are neglected in research advancements in treatment because they cannot generate large financial returns on research and development costs. Benefit sharing arrangements for the use of indigenous resources and genetic research could only marginally address this gap in research and development in diseases that affect the poor. Benefit sharing as a strategy is conceptually problematic, even if one, as we do, agrees that impoverished indigenous communities should not be exploited and that they should be assisted in improving their living conditions. The accepted concept of intellectual property protection envisages clearly defined originators and owners of knowledge, whereas the concept of community membership is fluid and indigenous knowledge is, by its very nature, open, with the originator(s) lost in the mists of time. The delineation of ‘community’ presents serious conceptual and practical difficulties as few communities form discrete, easily discernable groups, and most have problematic leadership structures. Benefit sharing is no substitute for governments’ responsibility to uplift impoverished communities. Benefit sharing arrangements may be fraught with difficulties but considerations of respect and equity demand that prior informed consent and consultation around commercialisation of knowledge take place with the source community and their government. 1"
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