Intellectual Property And Traditional Cultural Expressions In A Digital Environment

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Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Author : Christoph Beat Graber,Mira Burri Nenova
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 44,8 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 and Traditional Cultural Expressions in a Digital Environment

Author : Christoph B. Graber,Mira Burri
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1376505542

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

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

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 126 pages
File Size : 40,7 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.

Documentation of Traditional Knowledge and Traditional Cultural Expressions

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 53,5 Mb
Release : 2016
Category : Law
ISBN : 8210379456XXX

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Documentation of Traditional Knowledge and Traditional Cultural Expressions by World Intellectual Property Organization Pdf

This Brief describes the main objectives of documenting traditional knowledge and traditional cultural expressions, the intellectual property issues that may arise and options for addressing them.

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

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 56 pages
File Size : 47,6 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.

Minding Culture

Author : Terri Janke
Publisher : WIPO
Page : 172 pages
File Size : 44,9 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.

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

Author : Christoph Antons
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 54,7 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.

Documenting Traditional Knowledge – A Toolkit

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 40 pages
File Size : 45,9 Mb
Release : 2017-12-08
Category : Law
ISBN : 9789280528831

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Documenting Traditional Knowledge – A Toolkit by World Intellectual Property Organization Pdf

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 Protection of Traditional Cultural Expressions

Author : Luo Li
Publisher : Springer Science & Business
Page : 253 pages
File Size : 51,7 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.

Protecting Traditional Knowledge

Author : Daniel F. Robinson,Ahmed Abdel-Latif,Pedro Roffe
Publisher : Taylor & Francis
Page : 366 pages
File Size : 46,6 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.

Indigenous Intellectual Property

Author : Matthew Rimmer
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 44,5 Mb
Release : 2015-12-18
Category : LAW
ISBN : 9781781955901

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Indigenous Intellectual Property by Matthew Rimmer Pdf

Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.

Creativity, Law and Entrepreneurship

Author : Shubha Ghosh,Robin Paul Malloy
Publisher : Edward Elgar Publishing
Page : 289 pages
File Size : 54,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857933164

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Creativity, Law and Entrepreneurship by Shubha Ghosh,Robin Paul Malloy Pdf

Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law's role in inhibiting and promoting it. Our inquiry into law and creativity reduces to an inquiry about what people do, what activities and actions they engage in. What unites law and creativity, work and play, is their shared origins in human activity, however motivated, to whatever purpose directed. In this work contributors from the US and Europe explore the ways in which law incentivizes particular types of activity as they develop themes related to emergent theories of entrepreneurship (public, private, and social); lawyering and the creative process; creativity in a business and social context; and, creativity and the construction of legal rights.

Intellectual Property and Traditional Medical Knowledge

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 45,5 Mb
Release : 2016
Category : Law
ISBN : 8210379456XXX

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Intellectual Property and Traditional Medical Knowledge by World Intellectual Property Organization Pdf

This Brief introduces different options on intellectual property protection of traditional medical knowledge.

Indigenous Data Sovereignty

Author : Tahu Kukutai,John Taylor
Publisher : ANU Press
Page : 344 pages
File Size : 54,9 Mb
Release : 2016-11-14
Category : Social Science
ISBN : 9781760460310

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Indigenous Data Sovereignty by Tahu Kukutai,John Taylor Pdf

As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines