The Protection Of Traditional Indigenous Knowledge By Intellectual Property Law
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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 | : 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 | : 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 | : Evana Wright |
Publisher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2020-03-28 |
Genre | : Law |
ISBN | : 1788978854 |
Protecting Traditional Knowledge examines 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.
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 | : 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.
Author | : Mary Riley |
Publisher | : Rowman Altamira |
Total Pages | : 420 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : 9780759104860 |
Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests.
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.
Author | : Sharon B. Le Gall |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Caribbean Area |
ISBN | : 9780415640428 |
This book offers an original account of how contemporary intellectual property rights regimes could be adapted to suit traditional knowledge. It examines the ways in which international developments to protect collectively held knowledge typically associated with Indigenous Peoples could de developed to protect cultural signifiers which lies outside the scope of intellectual property protection. The book considers case studies such as the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón, a musical instrument, of Peru, and sets out how rights proposed for these cultural signifiers might be implemented both internationally and domestically.
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.