TABLE OF CONTENTS

ABSTRACT

ACKNOWLEDGEMENTS

LIST OF CASES

Andean Community Colombia

EU and European Patent Office

UK

LIST OF LEGISLATION

International

Andean Legislation Colombia

Europe

Peru

ABBREVIATIONS

CHAPTER ONE: INTRODUCTION

Colombia's place in the world and its implementation of the International Regime on Access to Genetic Resources and Benefit Sharing

The Key Research Question

The Approach and Method of the Book

Who Will Be Interested in the Research?

The Scope of the Book

The Book Road Map

CHAPTER TWO: A REVIEW OF THE INTERNATIONAL REGIME ON ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING

Introduction

The Wording of the International Regime on Access to Genetic Resources and Benefit Sharing: From the UN Convention on Biological Diversity to the Nagoya Protocol

Conservation, Sustainable use, Sovereignty,

Developing Countries Rich in Biodiversity's Stewardship Role and Developed Countries' Obligations in the UN Convention on Biological Diversity

The Third Objective of the UN Convention on Biological Diversity: The Cornerstone of the International Regime on Access to Genetic Resources and Benefit Sharing The Definition of Genetic Resources Genetic Resources in the Wording of the Article 2 of the CBD

Genetic Resources in the Bonn Guidelines and the Nagoya Protocol

The Legal and Administrative Mechanisms for Access to Genetic Resources

and Benefit Sharing

Prior Informed Consent

Indigenous and Local Communities'

Prior Informed Consent

Mutually Agreed Terms and Benefit Sharing The Implementation of the International Regime on Access to Genetic Resources and Benefit Sharing Balance of Power among Countries and Intellectual Property in the International Regime on Access to Genetic Resources and Benefit Sharing

The Problematic Aspect of Finding a Solution to the Issues of Biopiracy and Compliance of the International Regime on Access to Genetic Resources and Benefit Sharing

The Complexities and "Messiness" behind the Use of Biodiversity

Improving Compliance in the Implementation of the Nagoya Protocol: Lessons from the EU Conclusions

CHAPTER THREE: THE PARTICULARITIES OF THE COLOMBIAN LEGAL SYSTEM

Introduction

The Colombian Constitution 1991: Reconciliating Economic Development and International Trade with Communities' Rights

The 1991 Colombian Constitution and the Rights of indigenous, Afro-Colombia, and local communities The Access and Benefit Sharing Regime in the Andean Community and Colombia

The Andean Community, the Colombian Constitutional Regime and ABS Implementation

Harmonising the Andean Legislation in Colombian Constitutional and Legal System

The Constitutionality of the Andean Community's Legislation in Colombia

Regulating Particular Aspects of Decision 391 in Colombia: Property Regime over Colombia's Biodiversity, and the Scope of the Definitions of Biological Resources, Genetic Resources and Traditional Knowledge

The Procedure

Mechanisms of Compliance: From

Administrative and Criminal Sanctions to Disclosure of Origin in Patents

The Andean and Constitutional Protection of Communities' Practices and Knowledge Associated with Genetic Resources

The Difficulties in Protecting Communities Rights in the Light of Colombian

Government Administrative Decisions

Conclusions

CHAPTER FOUR: MAKING GENETIC RESOURCES AND TRADITIONAL KNOWLEDGE PUBLIC: A TALE OF INNOVATION AND ACCESS IN COLOMBIA

Introduction

The Implementation of the International Regime on Access to Genetic Resources and Benefit Sharing and Holders of Technology

Innovation Policy behind the Exploitation of Genetic Resources

Colombian Innovation Policy and Bioprospecting From Public to Private: The Cases of the Dividivi and Anamú in Colombia

The Dividivi

The Anamú

Lessons from the Dividivi and the Anamú

Conclusions

CHAPTER FIVE: COMMUNITIES' TRADITIONAL KNOWLEDGE AND PRACTICES AT THE SERVICE OF THE HERBAL INDUSTRY IN COLOMBIA

Introduction

The Two Paths of the Natural Products Market in Colombia: the Growing Herbal

Industry and the Urban Markets

The Colombian Herbal Industry

Yerbas la Mona and Oscar Sanabria Oscar Sanabria

Documenting Information on Medicinal Plants Conclusions

CHAPTER SIX: SUSTAINABLE AND INCLUSIVE INNOVATION IN HEALTH RESEARCH AND HEALTH INDUSTRY

Introduction

Sen's Capability Approach and the Capability for Sustainable Innovation

The Capability for Sustainable Innovation in Health Research and the Health Industry

Why the Capability Approach?

The List of Functionings

Possessing Genetic Resources for Benefit Sharing Being Able to Take Part in the Industrial Application of Genetic Resources and the Benefits that Arise from it

Being Able to Add Value to Health Research and the Health Industry

Conclusions

CHAPTER SEVEN: THE CAPABILITY FOR SUSTAINABLE

INNOVATION FOR THE HEALTH INDUSTRY AND HEALTH RESEARCH: AMENDING COLOMBIA'S IMPLEMENTATION OF THE INTERNATIONAL REGIME ON ACCESS TO GENETIC RESOURCES AND BENEFIT SHARING Introduction

Possessing Genetic Resources for Benefit Sharing: Addressing the Problem of Placing Practices and Knowledge into the Public Domain

Being Able to Take Part in the Industrial Application of Genetic Resources and the Benefits that

Arise from it

Being Able to Add Value to Health Research and Health Industry

Conclusions

APPENDIX I

SCHEDULE OF INTERVIEWS

BIBLIOGRAPHY