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.

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.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection
Author: Federica Cittadino
Publisher: BRILL
Total Pages: 401
Release: 2019-08-12
Genre: Law
ISBN: 9004364404

In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.

Research Handbook on the World Intellectual Property Organization

Research Handbook on the World Intellectual Property Organization
Author: Sam Ricketson
Publisher: Edward Elgar Publishing
Total Pages: 496
Release: 2020-08-28
Genre: Law
ISBN: 178897767X

2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region
Author: Christoph Antons
Publisher: Kluwer Law International B.V.
Total Pages: 421
Release: 2009-01-01
Genre: Law
ISBN: 9041127216

Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.

Biodiversity Traditional Knowledge Intellectual Property Rights

Biodiversity Traditional Knowledge Intellectual Property Rights
Author: S. Ram Reddy
Publisher: Scientific Publishers
Total Pages: 279
Release: 2016-06-01
Genre: Technology & Engineering
ISBN: 9386102064

The present book “Biodiversity, Traditional Knowledge and Intellectual Property Rights“ elaborates principles of biodiversity right from definitions and concepts to strategies for conservation of biodiversity. It also explains the roles and functions of international organizations like CBD in biodiversity conservation. The unique feature of this book is it connects biodiversity, traditional knowledge and intellectual property rights. Different aspects of biodiversity related traditional knowledge and international initiatives undertaken to protect the rights of traditional knowledge holders are discussed.

Genetic Resources and Traditional Knowledge

Genetic Resources and Traditional Knowledge
Author: Tania Bubela
Publisher: Edward Elgar Publishing
Total Pages: 393
Release: 2012-01-01
Genre: Science
ISBN: 1781002622

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to the Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests – through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada – that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policymakers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource.

Research Handbook on Intellectual Property and Cultural Heritage

Research Handbook on Intellectual Property and Cultural Heritage
Author: Stamatoudi, Irini
Publisher: Edward Elgar Publishing
Total Pages: 640
Release: 2022-07-21
Genre: Social Science
ISBN: 180037691X

This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.