The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property
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Author | : Jonathan Curci |
Publisher | : Cambridge University Press |
Total Pages | : 361 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0521199441 |
Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
Author | : Chidi Oguamanam |
Publisher | : University of Toronto Press |
Total Pages | : 377 |
Release | : 2006-01-01 |
Genre | : Law |
ISBN | : 0802039022 |
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.
Author | : Dewani, Nisha Dhanraj |
Publisher | : IGI Global |
Total Pages | : 296 |
Release | : 2019-12-27 |
Genre | : Law |
ISBN | : 1799818373 |
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.
Author | : Paul Kuruk |
Publisher | : Edward Elgar Publishing |
Total Pages | : 613 |
Release | : 2020-03-28 |
Genre | : Law |
ISBN | : 1785368486 |
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.
Author | : Anindya Bhukta |
Publisher | : Emerald Group Publishing |
Total Pages | : 193 |
Release | : 2020-06-18 |
Genre | : Law |
ISBN | : 1800430639 |
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.
Author | : Graham Dutfield |
Publisher | : Earthscan |
Total Pages | : 240 |
Release | : 2000 |
Genre | : Law |
ISBN | : 1849776237 |
This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.
Author | : Teshager W. Dagne |
Publisher | : Routledge |
Total Pages | : 228 |
Release | : 2014-09-04 |
Genre | : Law |
ISBN | : 1317701917 |
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.
Author | : Daniel F. Robinson |
Publisher | : Routledge |
Total Pages | : 408 |
Release | : 2017-07-14 |
Genre | : Law |
ISBN | : 1317354850 |
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.
Author | : Wipo |
Publisher | : World Intellectual Property Organization |
Total Pages | : 0 |
Release | : 2020-06-30 |
Genre | : |
ISBN | : 9789280535600 |
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.
Author | : World Intellectual Property Organization |
Publisher | : WIPO |
Total Pages | : 40 |
Release | : 2017-12-08 |
Genre | : Law |
ISBN | : 9280528831 |
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.