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Permanent link (DOI): https://doi.org/10.7939/R3RR1PT0P

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Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements Open Access

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Author or creator
Janis Geary
Cynthia G. Jardine
Jenilee Guebert
Tania Bubela
Additional contributors
Subject/Keyword
access and benefits sharing
northern Canada
genetic resources
research agreements
Type of item
Journal Article (Published)
Language
English
Place
Northern Canada
Time
Description
Background Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK). Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. Objective This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Design Review. Results Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Conclusions Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.
Date created
2013 Aug 5
DOI
doi:10.7939/R3RR1PT0P
License information
Creative Commons Attribution 3.0 Unported
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Citation for previous publication
Int J Circumpolar Health. 2013; 72: 10.3402/ijch.v72i0.21351.
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File size: 128112
Last modified: 2015:10:12 21:24:37-06:00
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File title: doi:10.3402/ijch.v72i0.21351
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