Intellectual Property And Traditional Cultural Expressions

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Intellectual Property and Traditional Cultural Expressions

Daphne Zografos
Intellectual Property and Traditional Cultural Expressions Book PDF

Author : Daphne Zografos
Publisher : Edward Elgar Publishing
Page : 259 pages
File Size : 50,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849806336

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Intellectual Property and Traditional Cultural Expressions by Daphne Zografos Pdf

'This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.' Peter Drahos, Australian National University This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights. Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and 'origin related' intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries. Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.

Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Christoph Beat Graber,Mira Burri Nenova
Intellectual Property and Traditional Cultural Expressions in a Digital Environment Book PDF

Author : Christoph Beat Graber,Mira Burri Nenova
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 52,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9781848443914

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Intellectual Property and Traditional Cultural Expressions in a Digital Environment by Christoph Beat Graber,Mira Burri Nenova Pdf

This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again. Jamil Ammar, European Intellectual Property Review Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume promises to be quickly acknowledged as an indispensable guide to the issues in this field. Rosemary J. Coombe, York University, Canada The first wave of scholarship on cultural appropriation was often better at denunciation than at grappling with the complexities of cultural heritage and its protection. Intellectual Property and Traditional Cultural Expressions in a Digital Environment launches a second wave: nuanced, interdisciplinary, looking past accusation toward flexible solutions. For all that, it is no less committed to social justice. By bringing together leading-edge scholarship from law, the arts, communications, anthropology, history, and philosophy, the editors have taken research on heritage protection to the next level of sophistication. Michael F. Brown, Williams College, US and author of Who Owns Native Culture? In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples values and provide for the sustainability of TCE. This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.

Intellectual Property Protection of Traditional Cultural Expressions

Luo Li
Intellectual Property Protection of Traditional Cultural Expressions Book PDF

Author : Luo Li
Publisher : Springer Science & Business
Page : 253 pages
File Size : 52,9 Mb
Release : 2014-04-22
Category : Law
ISBN : 9783319045252

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Intellectual Property Protection of Traditional Cultural Expressions by Luo Li Pdf

The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.

Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition

World Intellectual Property Organization
Intellectual Property Traditional Knowledge and Traditional Cultural Expressions Folklore A Guide for Countries in Transition Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 23 pages
File Size : 44,6 Mb
Release : 2016-11-11
Category : Law
ISBN : 8210379456XXX

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Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions/Folklore: A Guide for Countries in Transition by World Intellectual Property Organization Pdf

..This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

Intellectual Property and Traditional Cultural Expressions/folklore

World Intellectual Property Organization
Intellectual Property and Traditional Cultural Expressions folklore Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 26 pages
File Size : 41,6 Mb
Release : 2003*
Category : Law
ISBN : 9789280513639

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Intellectual Property and Traditional Cultural Expressions/folklore by World Intellectual Property Organization Pdf

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

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

World Intellectual Property Organization
Intellectual Property and Genetic Resources Traditional Knowledge and Traditional Cultural Expressions Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 56 pages
File Size : 42,8 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.

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

World Intellectual Property Organization
Intellectual Property and the Safeguarding of Traditional Cultures Legal Issues and Practical Options for Museums Libraries and Archives Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 126 pages
File Size : 43,6 Mb
Release : 2010
Category : Law
ISBN : 9789280520163

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Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives by World Intellectual Property Organization Pdf

This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.

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

World Intellectual Property Organization
Intellectual Property and Genetic Resources Traditional Knowledge and Traditional Cultural Expressions Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 55 pages
File Size : 44,6 Mb
Release : 2024-06-23
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.

Minding Culture

Terri Janke
Minding Culture Book PDF

Author : Terri Janke
Publisher : WIPO
Page : 172 pages
File Size : 52,8 Mb
Release : 2003
Category : Law
ISBN : 9789280511895

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Minding Culture by Terri Janke Pdf

Eight case-studies undertaken in Australia, entitled "Minding Culture: Case-Studies on Intellectual Property and Traditional Cultural Expressions" were selected, prepared, researched and written by Ms. Terri Janke, an Australian lawyer. The studies have been incorported together in WIPO/GRTKF/STUDY/2.

Intellectual Property and Human Development

Tzen Wong,Graham Dutfield
Intellectual Property and Human Development Book PDF

Author : Tzen Wong,Graham Dutfield
Publisher : Cambridge University Press
Page : 449 pages
File Size : 53,6 Mb
Release : 2010-10-21
Category : Law
ISBN : 9781139490016

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Intellectual Property and Human Development by Tzen Wong,Graham Dutfield Pdf

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.

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

Christoph Antons
Traditional Knowledge Traditional Cultural Expressions and Intellectual Property Law in the Asia Pacific Region Book PDF

Author : Christoph Antons
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 50,9 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041127211

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Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region by Christoph Antons Pdf

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.

Traditional Knowledge and Intellectual Property

World Intellectual Property Organization
Traditional Knowledge and Intellectual Property Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 55,5 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.

Intellectual Property and Traditional Knowledge

World Intellectual Property Organization
Intellectual Property and Traditional Knowledge Book PDF

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 36 pages
File Size : 46,6 Mb
Release : 2005
Category : Law
ISBN : 9789280513660

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Intellectual Property and Traditional Knowledge by World Intellectual Property Organization Pdf

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

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Sharon Le Gall
Intellectual Property Traditional Knowledge and Cultural Property Protection Book PDF

Author : Sharon Le Gall
Publisher : Routledge
Page : 269 pages
File Size : 40,5 Mb
Release : 2014-01-10
Category : Law
ISBN : 9781136026645

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Intellectual Property, Traditional Knowledge and Cultural Property Protection by Sharon Le Gall Pdf

International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.

The Protection of Traditional Cultural Expressions in Africa

Enyinna Nwauche
The Protection of Traditional Cultural Expressions in Africa Book PDF

Author : Enyinna Nwauche
Publisher : Springer
Page : 223 pages
File Size : 46,7 Mb
Release : 2017-05-26
Category : Law
ISBN : 9783319572314

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The Protection of Traditional Cultural Expressions in Africa by Enyinna Nwauche Pdf

This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.