The International Treaty on Plant Genetic Resources and International Essay

The International Treaty on Plant Genetic Resources and International Trade Law - Essay Example The main objective of the treaty is to conserve and sustainably use plant genetic resources for food and agriculture. In addition, there must be fair and equitable sharing of the benefits that arise in the use of plant genetic resources (Curci 3). Achieving the main objectives of the treaty has several implications on the intellectual property rights. In addition, the treaty has several implications on the conservation of genetic resources. The general regime on access to genetic resources and benefits sharing are some of the provisions in the treaty that are relevant to the intellectual property rights. In the treaty, bilateral negotiations were made between genetic provider countries and other user countries. According to Biber-Klemn and Cottier (217), the main elements of the treaty include: the affirmation of the sovereign rights of the provider states over their genetic resources; the creation of environmentally friendly genetic resources that can bring benefits to user countries; and the access to a country’s genetic resources by other nations being subject to Prior Informed Consent (PIC). The access to and the transfer of genetic resources technology in the treaty states that countries engaging in the contract must cooperate subject to national legislation and international law (Lewinski 69). This is to ensure that such intellectual property rights are supportive and do not go against the established objectives of the treaty, according to Lewinski. The rights of farmers are also included in the treaty, particularly Article 9 of the treaty. Article 9 recognizes the contribution of local traditional communities and farmers to the conservation and development of plant genetic resources for the purpose of food and agriculture production. In addition, the article places the responsibility for the realization of the rights of farmers by the national governments. The contracting parties should ensure that there is protection and promotion of

Legal Aspects of Health Care Case Study Example | Topics and Well Written Essays - 1000 words

Legal Aspects of Health Care - Case Study Example Dr. Andrews (doctor) owed the duty to Bobby with regard to treatment of his left hand (amputation). He amputated the wrong hand, thus violating his duty; which also led to Bobby's loss. In addition to elements of negligence, the action by Dr. Andrews is res ipsa loquitur (that is, it speaks for itself). So there can be no two opinions that the doctor committed negligence while treating Bobby; and can be held liable to pay the damages. The actions of Nurse Williams at City General Hospitals can be reviewed using EMTALA (Federal Emergency Medical Treatment and Labor Act). EMTALA was passed in 1986 to prevent hospitals from refusing to treat a patient coming to their emergency room; on grounds of not having enough money or insurance to pay for the treatment. The Act places two main obligations on hospitals (Lafferty, 2000): 2. If it can be established that the patient's condition is in fact, an emergency; the hospital must take steps to 'stabilize' the condition before the patient can be asked to contact any other hospital for detailed treatment. In the given case, a screening examination was not conducted to determine the severity of wounds. Although, Nurse Williams attended Bobby immediately and put towels on his wound, probably to stop the flow of blood; and may be this would be presented by the hospital in defense. Yet there is no evidence that any screening examination was carried out to ascertain if the condition can be classified as emergency; and any attempt to 'stabilize' the emergency condition other than above which can hardly be classified as an attempt to stabilize Bobby's condition. The delay thus caused, resulted in deteriora36tion of the injury, which ultimately resulted in amputation. Bobby and his parents can sue