Protecting Community Rights Over Traditional Knowledge Implications Of Customary Laws And Practices Emerging Case Study Findings And Recommendations
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Protecting Community Rights Over Traditional Knowledge Implications Of Customary Laws And Practices Emerging Case Study Findings And Recommendations
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Author :
language : en
Publisher: IIED
Release Date :
Protecting Community Rights Over Traditional Knowledge Implications Of Customary Laws And Practices Emerging Case Study Findings And Recommendations written by and has been published by IIED this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Fair And Equitable Benefit Sharing In Agriculture Open Access
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Author : Elsa Tsioumani
language : en
Publisher: Routledge
Release Date : 2020-07-16
Fair And Equitable Benefit Sharing In Agriculture Open Access written by Elsa Tsioumani and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-16 with Business & Economics categories.
This book explores the emergence and development of the legal concept of fair and equitable benefit-sharing, and its application in agriculture. Developed in the 1990s, the concept of fair and equitable benefit-sharing has been deployed in an ever-wider variety of international instruments, including those on biodiversity, climate change and human rights. A lack of clarity persists, however, on what fair and equitable benefit-sharing requires and entails, and whether its implementation supports or eventually undermines equity and justice. This book examines these questions in the area of land, food and agriculture, addressing for the first time several instances of the agricultural production chain, including research and development, land governance and land use and access to markets. It identifies challenges regarding implementation of the concept as enshrined in environmental treaties and soft-law instruments, with a focus on the International Treaty on Plant Genetic Resources for Food and Agriculture, the Voluntary Guidelines on Tenure and the UN Declaration on the Rights of Peasants. It investigates its role, enabling conditions and limitations, in a contradictory policy context involving environmental, food security and human rights objectives but also a growing web of multilateral and bilateral trade and investment agreements. Linking international law research with a socio-legal analysis, the book addresses four grassroots examples, which offer ideas for institutional and legal innovation from the local to the global level. This interdisciplinary title will be of great interest to students and scholars of international environmental law, agriculture, land law, development studies and global governance, as well as policymakers and practitioners working in these fields. “The Open Access version of this book, available at https://doi.org/10.4324/9780429198304, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license."
Intellectual Property Traditional Knowledge And Cultural Property Protection
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Author : Sharon Le Gall
language : en
Publisher: Routledge
Release Date : 2014-01-10
Intellectual Property Traditional Knowledge And Cultural Property Protection written by Sharon Le Gall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-10 with Law categories.
International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.
Documenting Traditional Knowledge A Toolkit
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2017-12-08
Documenting Traditional Knowledge A Toolkit 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 2017-12-08 with Law categories.
There is growing interest in documenting the wealth of traditional knowledge (TK) that has been developed by indigenous peoples and local communities around the world. But documenting TK can raise important issues, especially as regards intellectual property. This Toolkit presents a range of easy-to-use checklists and other resources to help ensure that anyone considering a documentation project can address those issues effectively.
Intellectual Property And Genetic Resources Traditional Knowledge And Traditional Cultural Expressions
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2020-07-08
Intellectual Property And Genetic Resources Traditional Knowledge And Traditional Cultural Expressions 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 2020-07-08 with Law categories.
General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.
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.
Eight case-studies undertaken in Australia, entitled "Minding Culture: Case-Studies on Intellectual Property and Traditional Cultural Expressions" were selected, prepared, researched and written by Ms. Terri Janke, an Australian lawyer. The studies have been incorported together in WIPO/GRTKF/STUDY/2.
Agrobiodiversity
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Author : Karl S. Zimmerer
language : en
Publisher: MIT Press
Release Date : 2019-04-30
Agrobiodiversity written by Karl S. Zimmerer and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-30 with Science categories.
Experts discuss the challenges faced in agrobiodiversity and conservation, integrating disciplines that range from plant and biological sciences to economics and political science. Wide-ranging environmental phenomena—including climate change, extreme weather events, and soil and water availability—combine with such socioeconomic factors as food policies, dietary preferences, and market forces to affect agriculture and food production systems on local, national, and global scales. The increasing simplification of food systems, the continuing decline of plant species, and the ongoing spread of pests and disease threaten biodiversity in agriculture as well as the sustainability of food resources. Complicating the situation further, the multiple systems involved—cultural, economic, environmental, institutional, and technological—are driven by human decision making, which is inevitably informed by diverse knowledge systems. The interactions and linkages that emerge necessitate an integrated assessment if we are to make progress toward sustainable agriculture and food systems. This volume in the Strüngmann Forum Reports series offers insights into the challenges faced in agrobiodiversity and sustainability and proposes an integrative framework to guide future research, scholarship, policy, and practice. The contributors offer perspectives from a range of disciplines, including plant and biological sciences, food systems and nutrition, ecology, economics, plant and animal breeding, anthropology, political science, geography, law, and sociology. Topics covered include evolutionary ecology, food and human health, the governance of agrobiodiversity, and the interactions between agrobiodiversity and climate and demographic change.
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 Complementarity Between The Nagoya Protocol And Human Rights
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Author : Xiaoou Zheng
language : en
Publisher: Springer Nature
Release Date : 2023-08-15
The Complementarity Between The Nagoya Protocol And Human Rights written by Xiaoou Zheng and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-15 with Law categories.
This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.
Intellectual Property And The Safeguarding Of Traditional Cultures Legal Issues And Practical Options For Museums Libraries And Archives
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2010
Intellectual Property And The Safeguarding Of Traditional Cultures Legal Issues And Practical Options For Museums Libraries And Archives 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 2010 with Law categories.
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.