1. UKM Learning and Research Repository
2. PHD Thesis / Tesis PHD
3. Faculty of Law / Fakulti Undang-undang

Title:	Legal mechanism for resolving genetic resources and traditional knowledge disputes in Sub Sahara Africa
Authors:	Abdussalam Mikail (P86829)
Supervisor:	Zinatul Ashiqin Zainol, Prof. Dr.
Keywords:	Intellectual Property -- Law and Legislation -- Africa Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	5-Apr-2020
Description:	Genetic resources and traditional knowledge disputes is misappropriation and exploitation of genetic resources and traditional knowledge without prior informed consent and equitable benefit sharing from the genetic resources and traditional knowledge holders. It becomes evident that there has been several unlawful misappropriation and exploitation of genetic resources and traditional knowledge originating from Sub Sahara Africa, in contradiction to the Convention on Biological Diversity and Nagoya Protocol. This thesis examines the effectiveness of current legal mechanism for resolving genetic resources and traditional knowledge disputes in Sub Sahara Africa. The thesis adopts a qualitative research methodology which analyses data from primary and secondary sources using analytical and critical methods. This research reveals that Sub Sahara Africa countries are facing problem of enforcing and monitoring access and benefit sharing agreement, both inside and outside their jurisdictions. Out of fifty countries in Sub Sahara Africa, only five countries have access and benefit sharing legislation. Thirsty six countries in Sub Sahara Africa do not have any law regulating genetic resources and traditional knowledge. Six countries have in place some law defining genetic resources and traditional knowledge but none on access and benefit sharing. This thesis further examines in detail the law and legal mechanism for resolving genetic resources and traditional knowledge disputes in three countries, i.e Nigeria, Ethiopia and South Africa. The findings also reveal that there are relevant regional laws in Sub Sahara Africa dealing with genetic resources and traditional knowledge such as ARIPO Protocol, Swakopmund Protocol, ARIPO Policy Framework on Access and Benefit Sharing and ARIPO Harare Protocol. These regional law however ignore essential enforcement provisions for preventing non-compliance, lacking an active monitoring mechanism and sanctions. Additionally, the thesis suggests customary mediation in Sub Sahara Africa to be formalized into ADR center at Africa Regional Intellectual Property Organization for resolving genetic resources and traditional knowledge dispute.,Certification of Doctoral Thesis" is not available
Pages:	292
Call Number:	C59.ABD 2020 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.