Customary Law And Traditional Knowledge


Customary Law And Traditional Knowledge
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Customary Law And Traditional Knowledge


Customary Law And Traditional Knowledge
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2016-04-01

Customary Law And Traditional Knowledge written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-01 with Law categories.


This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.



Traditional Knowledge Genetic Resources Customary Law And Intellectual Property


Traditional Knowledge Genetic Resources Customary Law And Intellectual Property
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Author : Paul Kuruk
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-03-28

Traditional Knowledge Genetic Resources Customary Law And Intellectual Property written by Paul Kuruk and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-28 with Law categories.


The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.



Traditional Knowledge Traditional Cultural Expressions And Intellectual Property Law In The Asia Pacific Region


Traditional Knowledge Traditional Cultural Expressions And Intellectual Property Law In The Asia Pacific Region
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Author : Christoph Antons
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

Traditional Knowledge Traditional Cultural Expressions And Intellectual Property Law In The Asia Pacific Region written by Christoph Antons and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.


Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.



The Legal Protection Of Traditional Knowledge In The Pharmaceutical Field


 The Legal Protection Of Traditional Knowledge In The Pharmaceutical Field
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Author : Tobias Kiene
language : en
Publisher: Waxmann Verlag
Release Date : 2009

The Legal Protection Of Traditional Knowledge In The Pharmaceutical Field written by Tobias Kiene and has been published by Waxmann Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.




Protecting Traditional Knowledge


Protecting Traditional Knowledge
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Author : Daniel F. Robinson
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-14

Protecting Traditional Knowledge written by Daniel F. Robinson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.


This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.



Indigenous Knowledge And Customary Law In Natural Resource Management


Indigenous Knowledge And Customary Law In Natural Resource Management
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Author : He Hong Mu Xiuping
language : en
Publisher:
Release Date : 2010

Indigenous Knowledge And Customary Law In Natural Resource Management written by He Hong Mu Xiuping and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Customary law categories.




Indigenous Peoples Customary Law And Human Rights Why Living Law Matters


Indigenous Peoples Customary Law And Human Rights Why Living Law Matters
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Author : Brendan Tobin
language : en
Publisher: Routledge
Release Date : 2014-08-27

Indigenous Peoples Customary Law And Human Rights Why Living Law Matters written by Brendan Tobin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-27 with Law categories.


This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.



Incorporating Indigenous Rights In The International Regime On Biodiversity Protection


Incorporating Indigenous Rights In The International Regime On Biodiversity Protection
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Author : Federica Cittadino
language : en
Publisher: BRILL
Release Date : 2019-08-12

Incorporating Indigenous Rights In The International Regime On Biodiversity Protection written by Federica Cittadino and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-12 with Law categories.


In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.



Indigenous Heritage And Intellectual Property


Indigenous Heritage And Intellectual Property
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Author : Silke von Lewinski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

Indigenous Heritage And Intellectual Property written by Silke von Lewinski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.


For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.



Background Paper On Indigenous Cultural And Intellectual Property And Customary Law


Background Paper On Indigenous Cultural And Intellectual Property And Customary Law
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Author : Terri Janke
language : en
Publisher:
Release Date : 2005

Background Paper On Indigenous Cultural And Intellectual Property And Customary Law written by Terri Janke and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Aboriginal Australians categories.