Genetic Resources Traditional Knowledge And The Law

Author : Tania Bubela,E. Richard Gold
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 55,5 Mb
Release : 2012-01-01
Category : Science
ISBN : 9781781002629

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Genetic Resources and Traditional Knowledge by Tania Bubela,E. Richard Gold Pdf

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.

Author : Paul Kuruk
Publisher : Edward Elgar Publishing
Page : 582 pages
File Size : 47,8 Mb
Release : 2020-03-28
Category : Law
ISBN : 9781785368486

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Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property by Paul Kuruk Pdf

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 : Evanson C. Kamau,Gerd Winter
Publisher : Earthscan
Page : 529 pages
File Size : 52,6 Mb
Release : 2009
Category : Law
ISBN : 9781849770095

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Genetic Resources, Traditional Knowledge and the Law by Evanson C. Kamau,Gerd Winter Pdf

The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD).

Author : Daniel F. Robinson,Ahmed Abdel-Latif,Pedro Roffe
Publisher : Taylor & Francis
Page : 366 pages
File Size : 47,6 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317354864

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Protecting Traditional Knowledge by Daniel F. Robinson,Ahmed Abdel-Latif,Pedro Roffe Pdf

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 : Silke von Lewinski
Publisher : Kluwer Law International B.V.
Page : 564 pages
File Size : 51,7 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041124920

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Indigenous Heritage and Intellectual Property by Silke von Lewinski Pdf

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 : Evanson C. Kamau,Gerd Winter
Publisher : Routledge
Page : 530 pages
File Size : 43,9 Mb
Release : 2009-09-02
Category : Law
ISBN : 9781136574429

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Genetic Resources, Traditional Knowledge and the Law by Evanson C. Kamau,Gerd Winter Pdf

The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

Author : Manuel Ruiz,Ronnie Vernooy
Publisher : Routledge
Page : 240 pages
File Size : 46,9 Mb
Release : 2012-03-15
Category : Nature
ISBN : 9781136582172

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The Custodians of Biodiversity by Manuel Ruiz,Ronnie Vernooy Pdf

Globally, local and indigenous approaches to conserving biodiversity, crop improvement, and managing precious natural resources are under threat. Many communities have to deal with 'biopiracy,' for example. As well, existing laws are usually unsuitable for protecting indigenous and traditional knowledge and for recognizing collective rights, such as in cases of participatory plant breeding, where farmers, researchers and others join forces to improve existing crop varieties or develop new ones, based on shared knowledge and resources. This book addresses these issues. It outlines the national and international policy processes that are currently underway to protect local genetic resources and related traditional knowledge and the challenges these initiatives have faced. In particular these themes are addressed within the context of the Convention of Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The authors broaden the policy and legal debates beyond the sphere of policy experts to include the knowledge-holders themselves. These are the 'custodians of biodiversity': farmers, herders and fishers in local communities. Their experience in sharing access and benefits to genetic resources is shown to be crucial for the development of effective national and international agreements. The book presents and analyzes this experience, including case studies from China, Cuba, Honduras, Jordan, Nepal, Peru and Syria. Copublished with the International Development Research Centre (IDRC).

Author : Frantzeska Papadopoulou
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 40,6 Mb
Release : 2018-04-27
Category : Education
ISBN : 9781786437433

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The Protection of Traditional Knowledge on Genetic Resources by Frantzeska Papadopoulou Pdf

Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.

Author : Tobias Kiene
Publisher : Waxmann Verlag
Page : 398 pages
File Size : 43,5 Mb
Release : 2009
Category : Electronic
ISBN : 9783830976035

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“The” Legal Protection of Traditional Knowledge in the Pharmaceutical Field by Tobias Kiene Pdf

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 56 pages
File Size : 42,9 Mb
Release : 2020-07-08
Category : Law
ISBN : 9789280525878

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Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions by World Intellectual Property Organization Pdf

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
Page : 55 pages
File Size : 40,8 Mb
Release : 2024-06-10
Category : Law
ISBN : 9789280535686

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Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. by World Intellectual Property Organization Pdf

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 : Jonathan Curci
Publisher : Cambridge University Press
Page : 361 pages
File Size : 41,9 Mb
Release : 2010
Category : Law
ISBN : 9780521199445

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The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property by Jonathan Curci Pdf

Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 45,6 Mb
Release : 2016-04-01
Category : Law
ISBN : 8210379456XXX

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Customary Law and Traditional Knowledge by World Intellectual Property Organization Pdf

This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.

Author : Chidi Oguamanam
Publisher : Cambridge University Press
Page : 301 pages
File Size : 52,6 Mb
Release : 2018-12-20
Category : Business & Economics
ISBN : 9781108470766

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Genetic Resources, Justice and Reconciliation by Chidi Oguamanam Pdf

Presents the first comprehensive study of Indigenous perspectives on genetic resources, traditional knowledge, and access and benefit sharing in Canada. This book is also available as Open Access.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 52,9 Mb
Release : 2016-04-01
Category : Law
ISBN : 8210379456XXX

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Traditional Knowledge and Intellectual Property by World Intellectual Property Organization Pdf

This Brief provides general and basic information on the interface between intellectual property and traditional knowledge, traditional cultural expressions, and genetic resources.