Accessing and Sharing the Benefits of the Genomics by Peter W.B. Phillips, Chika B. Onwuekwe

By Peter W.B. Phillips, Chika B. Onwuekwe

This quantity explores the criminal, fiscal and political debate over highbrow estate rights for normal wisdom and genetic assets, interpreting conception and perform of entry and advantages sharing around the globe. The publication investigates present flashpoints — the conflict among Monsanto and Percy Schmeiser over farmers’ rights; disputes over coexistence of genetically converted and natural produce; and possession and keep watch over of human genetic fabrics kept in human gene banks round the world.

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For this right is present in the nature of ownership” (Grotius, 1925). , at the point that property serves its normative function in organized society and politics. ” While acknowledging that the concept of property is nothing without state endorsement, Epstein argues that possessory right is the root of title in both tangible and intangible proprietary paradigms. In another article (Epstein, 1994), he discusses private and common property through a review of the conceptual basis of Locke’s discussion of property and ownership.

This is especially as diverse cultures and local governance regimes have successfully shepherded the commons through evolving rules. While agreeing that only few settings in the world are characterized by all of them, they nonetheless point out the following conditions as prerequisites for effective commons governance: (i) The resources and use of the resources by humans can be monitored, and the information can be verified and understood at relatively low costs (ii) rates of exchange in resources, resource-user populations, technology, and economic and social institutions are moderate; (iii) communities maintain frequent face to face communication and dense social networks—sometimes called social capital—that increase the potential for trust, allow people to express and see emotional reactions of distrust, and lower the cost of monitoring behavior and inducing rule compliance; (iv) outsiders can be excluded at relatively low cost from using the resource (new entrants add to the harvesting pressure and typically lack understanding of the rules); and (v) users support rule enforcement.

Surprisingly, Stenson and Gray ignore the fact that in modern corporations, shareholding is not exclusive to individuals. Corporations may and indeed do hold shares in other corporations. After all, they enjoy the bundle of legal personality by which they can own properties or make investments in third party entities. Such an accomplishment in Stenson and Gray’s parlance amounts to full, partial or shared “ownership and control” in the other entity or interest. Or would Stenson and Gray suggest that the veil of such holding corporations be lifted to find out its make up?

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