The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property
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The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property
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Author : Jonathan Curci
language : en
Publisher:
Release Date : 2010
The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property written by Jonathan Curci and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Agreement on Trade-Related Aspects of Intellectual Property Rights categories.
Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property
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Author : Jonathan Curci
language : en
Publisher: Cambridge University Press
Release Date : 2010
The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property written by Jonathan Curci 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 2010 with Law categories.
Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
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 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.
Biodiversity And The Law
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Author : Charles R. McManis
language : en
Publisher: Earthscan
Release Date : 2012
Biodiversity And The Law written by Charles R. McManis and has been published by Earthscan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.
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.
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.
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.
International Law And Indigenous Knowledge
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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.