WIPO-UNEP Study on the Role of Intellectual Property Rights in the Sharing of Benefits Arising from the Use of Biological Resources and Associated Traditional Knowledge

WIPO-UNEP Study on the Role of Intellectual Property Rights in the Sharing of Benefits Arising from the Use of Biological Resources and Associated Traditional Knowledge
Author: Anil K. Gupta
Publisher: WIPO
Total Pages: 305
Release: 2004
Genre: Law
ISBN: 9280510118

The objective of this study is to identify and explore the role of intellectual property rights in sharing the benefits arising from the use of biological resources and associated traditional knowledge. It was commissioned in response to Decision IV/9 of the Conference of the Parties to the Conventional on Biological Diversity, and highlights the need, when genetic resources are first accessed, for a understanding of intellectual property issues, as they relate to traditional knowledge of biological resources.

Documenting Traditional Knowledge – A Toolkit

Documenting Traditional Knowledge – A Toolkit
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.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.
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.

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property
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.

Indigenous Peoples, Consent and Benefit Sharing

Indigenous Peoples, Consent and Benefit Sharing
Author: Rachel Wynberg
Publisher: Springer Science & Business Media
Total Pages: 375
Release: 2009-09-30
Genre: Law
ISBN: 9048131235

Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.

Intellectual Property and Traditional Knowledge

Intellectual Property and Traditional Knowledge
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 36
Release: 2005
Genre: Law
ISBN: 9280513664

This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.

Confronting Biopiracy

Confronting Biopiracy
Author: Daniel F. Robinson
Publisher: Earthscan
Total Pages: 190
Release: 2010
Genre: Law
ISBN: 1849774714

'Biopiracy' refers either to the unauthorised extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious 'inventions' based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date.The book synthesises the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested which are relevant for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.

Intellectual Property and Human Rights

Intellectual Property and Human Rights
Author: F. W. Grosheide
Publisher: Edward Elgar Publishing
Total Pages: 329
Release: 2010-01-01
Genre: Political Science
ISBN: 1849802041

. . . very refreshing. . . a valuable contribution to the debate. European Intellectual Property Review The collection of articles makes a valuable contribution to current debates on these critically important issues by providing a range of views on the human rights implications of intellectual property law and policy. Madhu Sahni, Journal of Intellectual Property Rights Gathering together essays by leading commentators, Professor Willem Grosheide s timely book offers an excellent overview of the many significant questions of social and legal policy that emerge at interface between intellectual property and human rights. . . Providing a range of views on the human rights implications of intellectual property law and policy, this collection makes a valuable contribution to current debates on these critically important issues. Graeme Austin, University of Arizona, US In the modern era where the rise of the knowledge economy is accompanied, if not facilitated, by an ever-expanding use of intellectual property rights, this timely book provides a much needed explanation to the relationship between intellectual property law and human rights law. The contributors promote the view that this relationship should be central to the analysis of many of the profound problems that nation states and the international community encounter today, be they scientific, technological or cultural. The book is divided into sections covering the law and its trends, IP rights as human rights and human rights as restrictions to IP rights. This stimulating book will appeal to academics, postgraduate students, national and international public authorities and those involved with international organizations in the fields of intellectual property law and human rights law.