International Law And Indigenous Knowledge
DOWNLOAD eBooks
Download International Law And Indigenous Knowledge PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get International Law And Indigenous Knowledge book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
International Law And Indigenous Knowledge
DOWNLOAD eBooks
Author : Chidi Oguamanam
language : en
Publisher: University of Toronto Press
Release Date : 2006-01-01
International Law And Indigenous Knowledge written by Chidi Oguamanam and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.
Research Handbook On The International Law Of Indigenous Rights
DOWNLOAD eBooks
Author : Newman, Dwight
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-04-19
Research Handbook On The International Law Of Indigenous Rights written by Newman, Dwight 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 2022-04-19 with Law categories.
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
Indigenous Heritage And Intellectual Property
DOWNLOAD eBooks
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.
Protecting Traditional Knowledge
DOWNLOAD eBooks
Author : Evana Wright
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020
Protecting Traditional Knowledge written by Evana Wright 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 with Biopiracy categories.
Protecting Traditional Knowledgeexamines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generisregime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.
Traditional National And International Law And Indigenous Communities
DOWNLOAD eBooks
Author : Marianne O. Nielsen
language : en
Publisher: University of Arizona Press
Release Date : 2020-05-05
Traditional National And International Law And Indigenous Communities written by Marianne O. Nielsen and has been published by University of Arizona Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-05 with Social Science categories.
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Indigenous Peoples As Subjects Of International Law
DOWNLOAD eBooks
Author : Irene Watson
language : en
Publisher: Routledge
Release Date : 2017-07-14
Indigenous Peoples As Subjects Of International Law written by Irene Watson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-14 with Law categories.
For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
The Protection Of Traditional Indigenous Knowledge By Intellectual Property Law
DOWNLOAD eBooks
Author : Julia Honds
language : en
Publisher: GRIN Verlag
Release Date : 2008-04
The Protection Of Traditional Indigenous Knowledge By Intellectual Property Law written by Julia Honds and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04 with Intellectual property categories.
Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington (Faculty of Law), 47 entries in the bibliography, language: English, abstract: Indigenous people often know a lot about the healing properties or other useful characteristics of their indigenous plants. This knowledge usually has been passed on within the indigenous community from generation to generation and is therefore regarded as traditional knowledge. This traditional knowledge is of great value for the pharmaceutical industry. Accordingly, it has been explored, used as the basis for subsequently patented in-ventions, and sometimes misappropriated by pharmaceutical companies from the "developed" world. This essay seeks to provide an overview of the problems and issues that arise where traditional knowl-edge meets the "Western" intellectual property regime. The questions that are sought to be answered are: Why should traditional knowledge be protected as intellectual property and how could this be done? Many approaches have been made, both on an international and a national level. Several of these solutions will be presented and discussed in this essay. It will be seen that already existing intellectual property rights are not suitable for the protection of traditional knowledge. Compared with this, the implementation of safeguards within patent applica-tion proceedings seems to be more appropriate and effective. However, this approach turns out to be not com-prehensive enough. Therefore, this essay recommends the protection of traditional knowledge by an intellectual property right sui generis, specially designed for that purpose. This solution is favourable because it is the most complete one, is able to address all issues in an appropriate way, and can strike a balance between the involved conflicting interests.
Intellectual Property And Traditional Knowledge In The Global Economy
DOWNLOAD eBooks
Author : Teshager W. Dagne
language : en
Publisher: Routledge
Release Date : 2014-09-04
Intellectual Property And Traditional Knowledge In The Global Economy written by Teshager W. Dagne and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-04 with Law categories.
Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.
Legal Protection For Traditional Knowledge
DOWNLOAD eBooks
Author : Anindya Bhukta
language : en
Publisher: Emerald Group Publishing
Release Date : 2020-06-18
Legal Protection For Traditional Knowledge written by Anindya Bhukta and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-18 with Law categories.
Legal Protection for Traditional Knowledge calls attention to the vital contributions that aboriginal knowledge makes to global development and how the legal systems in place, particularly in India, must change to protect this knowledge.This book is a must-read for researchers in economics, development studies, and international law.
Traditional Knowledge Genetic Resources Customary Law And Intellectual Property
DOWNLOAD eBooks
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.