Indigenous Intellectual Property Rights
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Indigenous Intellectual Property
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Author : Matthew Rimmer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-12-18
Indigenous Intellectual Property written by Matthew Rimmer 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 2015-12-18 with Law categories.
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Indigenous Cultural Heritage And Intellectual Property Rights
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Author : Jessica Christine Lai
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-08
Indigenous Cultural Heritage And Intellectual Property Rights written by Jessica Christine Lai and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-08 with Law categories.
Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
Beyond Intellectual Property
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Author : Darrell Addison Posey
language : en
Publisher: IDRC
Release Date : 1996
Beyond Intellectual Property written by Darrell Addison Posey and has been published by IDRC this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Cultural property, aboriginal people, ethnobiology, legal status, laws.
Intellectual Property Indigenous People And Their Knowledge
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Author : Peter Drahos
language : en
Publisher: Cambridge University Press
Release Date : 2014-06-12
Intellectual Property Indigenous People And Their Knowledge written by Peter Drahos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-12 with Education categories.
Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.
Intellectual Property Rights And The Protection Of Traditional Knowledge
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Author : Dewani, Nisha Dhanraj
language : en
Publisher: IGI Global
Release Date : 2019-12-27
Intellectual Property Rights And The Protection Of Traditional Knowledge written by Dewani, Nisha Dhanraj and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-27 with Law categories.
Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.
Minding Culture
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Author : Terri Janke
language : en
Publisher: WIPO
Release Date : 2003
Minding Culture written by Terri Janke and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
"The World Intellectual Property Organization (WIPO) published on Monday, March 15, 2004, a collection of practical case studies on the use of the intellectual property sytsem by indigenous communities of Australia. It was written for WIPO by Terri Janke, an Australian lawyer, and a descendant of the Meriam people of the Torres Strait Islands, Australia."--
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.
Indigenous Peoples Innovation
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Author : Peter Drahos
language : en
Publisher: James Currey
Release Date : 2012
Indigenous Peoples Innovation written by Peter Drahos and has been published by James Currey this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of intellectual property when it comes to supporting innovation by indigenous people.
True Tracks
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Author : Terri Janke
language : en
Publisher: NewSouth Publishing
Release Date : 2021-07-01
True Tracks written by Terri Janke and has been published by NewSouth Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-01 with Law categories.
Indigenous cultures are not terra nullius — nobody’s land, free to be taken. True Tracks is a groundbreaking work that paves the way for respectful and ethical engagement with Indigenous cultures. Using real-world cases and personal stories, award-winning Meriam/Wuthathi lawyer Dr Terri Janke draws on twenty years of professional experience to inform and inspire people working across many industries – from art and architecture, to film and publishing, dance, science and tourism. What Indigenous materials and knowledge are you using? How will your project affect and involve Indigenous communities? Are you sharing your profits with those communities? True Tracks helps answer these questions and many more, and provides invaluable guidelines that enable Indigenous peoples to actively practise, manage and strengthen their cultural life. If we keep our tracks true, Indigenous culture and knowledge can benefit everyone and empower future generations. ‘Dr Terri Janke’s True Tracks is a fantastic resource for understanding and engaging with Indigenous art, culture and traditional knowledge.’ — Turia Pitt ‘Whether you’re a black CEO making an encrypted ledger for an art co-op, or a white soccer mum making a multicultural Halloween costume, this book might spare you a lot of heartache down the track.’ — Tyson Yunkaporta ‘The definitive guide to producing, telling, showing, and making Australia.’ — Tara June Winch ‘Terri Janke’s book is the answer to the grand cultural theft perpetrated on Aboriginal and Torres Strait Islander peoples over more than two centuries.’ — Marcia Langton ‘True Tracks provides an authoritative guide that simplifies complex laws and cultural protocols, providing examples for those working in many sectors to enact key principles for Indigenous engagement, including respect and self-determination.’ — Anita Heiss
Valuing Local Knowledge
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Author : Doreen Stabinsky
language : en
Publisher: Island Press
Release Date : 1996-01-01
Valuing Local Knowledge written by Doreen Stabinsky and has been published by Island Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-01-01 with Nature categories.
Experts from around the world examine an innovative proposal to promote both cultural survival and biological conservation: treating cultural and indigenous knowledge as a form of intellectual property. Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation."Valuing Local Knowledge" presents case studies of programs that recognize indigenous rights, and brings direct experience to bear on the international debate over intellectual property, conservation, and indigenous rights.