Protecting Traditional Knowledge
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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.
Protecting Traditional Knowledge
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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.
Legal Protection For Traditional Knowledge
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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.
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.
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.
Intellectual Property And Traditional Knowledge In The Global Economy
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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.
The Protection Of Traditional Indigenous Knowledge By Intellectual Property Law
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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 Traditional Knowledge And Cultural Property Protection
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Author : Sharon B. Le Gall
language : en
Publisher: Routledge
Release Date : 2014-01-10
Intellectual Property Traditional Knowledge And Cultural Property Protection written by Sharon B. 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.
The Protection Of Traditional Knowledge On Genetic Resources
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Author : Frantzeska Papadopoulou
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-04-27
The Protection Of Traditional Knowledge On Genetic Resources written by Frantzeska Papadopoulou 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 2018-04-27 with Education categories.
Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.
Protecting Indigenous Knowledge And Heritage
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Author : Marie Battiste
language : en
Publisher: UBC Press
Release Date : 2000-04-01
Protecting Indigenous Knowledge And Heritage written by Marie Battiste and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-04-01 with Social Science categories.
Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.