Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition

Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 23
Release: 2016-11-11
Genre: Law
ISBN:

..This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition (Russian version)

Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition (Russian version)
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 27
Release: 2016-11-11
Genre: Law
ISBN:

This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore

Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore
Author:
Publisher:
Total Pages:
Release: 2013
Genre: Intellectual property
ISBN:

This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

Intellectual Property Protection of Traditional Cultural Expressions

Intellectual Property Protection of Traditional Cultural Expressions
Author: Luo Li
Publisher: Springer Science & Business
Total Pages: 253
Release: 2014-04-22
Genre: Law
ISBN: 3319045253

The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.

Protection of Bio-Cultural Property in the Cradle of Traditional Knowledge

Protection of Bio-Cultural Property in the Cradle of Traditional Knowledge
Author: Tabrez Ahmad
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

Human communities have always generated, refined and passed on knowledge from generation to generation. Such “traditional” knowledge” is often an important part of their cultural identities. Traditional knowledge encompasses the beliefs, knowledge, practices, innovations, arts, spirituality, and other forms of cultural experience and expression that belong to indigenous communities worldwide. Since the adoption of the Universal Declaration of Human Rights in 1948, intellectual property has been considered a fundamental human right of all people. Only recently, however, has the need to protect, preserve and provide for the fair use of indigenous intellectual property 'traditional knowledge' entered the domestic and international debate on intellectual property rights. Non-indigenous groups, such as corporations, have been exploiting the traditional knowledge that has been developed by indigenous beings over centuries. However, the international community has sought to recognize and protect such traditional knowledge. Many developing countries, holders of traditional knowledge, and campaigning organizations are pressing in a multitude of fora for traditional knowledge to be better protected. Such pressure has led, for example, to the creation of an Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore in WIPO. Such knowledge and folklore is also being discussed within the framework of the CBD and in other international organizations such as UNCTAD, WHO, FAO and UNESCO. In addition, the Doha WTO Ministerial Declaration highlighted the need for further work in the TRIPS Council on protecting traditional knowledge.

Reframing Intellectual Property Law in Sri Lanka

Reframing Intellectual Property Law in Sri Lanka
Author: Althaf Marsoof
Publisher: Springer Nature
Total Pages: 324
Release: 2022-11-29
Genre: Law
ISBN: 9811945829

This book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.

Why People and communities such as the Maasai in Kenya and Tanzania should fight against cultural appropriation of their traditional knowledge by luxury fashion labels

Why People and communities such as the Maasai in Kenya and Tanzania should fight against cultural appropriation of their traditional knowledge by luxury fashion labels
Author: Joy Mutimba
Publisher: GRIN Verlag
Total Pages: 11
Release: 2018-04-18
Genre: Philosophy
ISBN: 3668685258

Essay from the year 2018 in the subject Philosophy - Practical (Ethics, Aesthetics, Culture, Nature, Right, ...), grade: A, , course: Law, language: English, abstract: Cultural appropriation is defined as taking intellectual property, traditional knowledge, cultural expressions or artefacts from someone else’s culture without permission. This also includes the unauthorised use of another’s culture’s dance, dress, music, language, folklore, cuisine, traditional medicine, religious symbols and the likes. Any process of borrowing necessarily involves acts of appropriation, which are means by which borrowing occurs. The first problem lies in the fact that developing countries like Kenya have not sufficiently defined their cultural industries within the Intellectual Property context. It is only recently that cultural industries have started realizing the full economic benefits that would be open to them, should they be granted adequate Intellectual Property protection and promotion.

Indigenous Heritage and Intellectual Property

Indigenous Heritage and Intellectual Property
Author: Silke von Lewinski
Publisher: Kluwer Law International B.V.
Total Pages: 564
Release: 2008-01-01
Genre: Law
ISBN: 9041124926

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.

Kritika: Essays on Intellectual Property

Kritika: Essays on Intellectual Property
Author: Peter Drahos
Publisher: Edward Elgar Publishing
Total Pages: 345
Release: 2015-09-25
Genre: Law
ISBN: 178471206X

The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.

Traditional Knowledge in Policy and Practice

Traditional Knowledge in Policy and Practice
Author: Suneetha M. Subramanian
Publisher: UN
Total Pages: 408
Release: 2010
Genre: Business & Economics
ISBN:

Traditional knowledge (TK) has contributed immensely to shaping development and human well-being. Its influence spans a variety of sectors, including agriculture, health, education and governance. However, in today's world, TK and its practitioners are increasingly underrpresented or under-utilized. Further, while the applicability of TK to human and environmental welfare is well-recognized, collated information on how TK contributes to different sectors is not easily accessible. --