Intellectual Property And Traditional Knowledge In The Global Economy

Author : Teshager W. Dagne
Publisher : Routledge
Page : 226 pages
File Size : 53,7 Mb
Release : 2014-09-04
Category : Law
ISBN : 9781317701927

Get Book

Intellectual Property and Traditional Knowledge in the Global Economy by Teshager W. Dagne Pdf

Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

Author : Keith Eugene Maskus
Publisher : Peterson Institute
Page : 296 pages
File Size : 42,6 Mb
Release : 2000
Category : Intellectual property
ISBN : 088132597X

Get Book

Intellectual Property Rights in the Global Economy by Keith Eugene Maskus Pdf

Author : J. Michael Finger,Philip Schuler
Publisher : World Bank Publications
Page : 300 pages
File Size : 44,5 Mb
Release : 2004-01-29
Category : Law
ISBN : 9780821383698

Get Book

Poor People's Knowledge by J. Michael Finger,Philip Schuler Pdf

How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.

Author : Johanna Gibson
Publisher : Routledge
Page : 376 pages
File Size : 51,8 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351950145

Get Book

Community Resources by Johanna Gibson Pdf

Protection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.

Author : Graham Dutfield
Publisher : Routledge
Page : 273 pages
File Size : 46,8 Mb
Release : 2010-09-23
Category : Law
ISBN : 9781136536281

Get Book

Intellectual Property, Biogenetic Resources and Traditional Knowledge by Graham Dutfield Pdf

Biogenetic resources - the critical biological and chemical materials that underpin so much of medicine, both modern and traditional, agriculture, and wider economic activity in so many fields - are at the centre of heated debate regarding their use, development, and ownership, and the issues of ethics and equity that impinge on all of these factors. This book is a comprehensive examination of the key issues, institutions and ideologies in this area, presenting definitions and explanations of the fundamentals of intellectual property rights (IPRs), biogenetic resources and traditional knowledge. It uses the insights from this to build a picture of how these factors interact in practice, bringing to the surface issues such as: the conservation and sustainable use of biodiversity, benefit sharing from the commercial use of biodiversity, biotechnological innovation and the transfer of technology, agriculture, food security, rural development, health and international justice. Part 1 describes the relevant international IPR laws, highlights the extent to which modern commerce depends on such resources, and traces the way in which modern IPR law has evolved to accommodate this dependence. Part 2 shows how stronger IPR protection in the area of life science innovation has given rise to controversies such as 'biopiracy', 'terminator' genes and genetic uniformity. Part 3 focuses on traditional knowledge, its nature, its importance, and the applicability of IPR-style protection. Part 4 covers the international negotiation and policy-making of the WTO, WIPO and CBD and the legislative initiatives of national governments of Asia, Africa and Latin America. Finally, Part 5 focuses on two developing country case studies - of India and Kenya - assessing whether they will be able to gain economic benefit from development of their natural resources within the current regulatory system and whether this will encourage the conservation and sustainable use of the resource base. With its multidisciplinary approach and breadth of coverage, this book will appeal both to those new to the subject and to those with professional and specialist interest, including students, academics, legal practitioners, government policy-makers and the private sector.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 23 pages
File Size : 54,7 Mb
Release : 2016-11-11
Category : Law
ISBN : 8210379456XXX

Get Book

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.

Author : Antony Taubman,Jayashree Watal
Publisher : Cambridge University Press
Page : 869 pages
File Size : 51,7 Mb
Release : 2022-03-17
Category : Business & Economics
ISBN : 9781108490429

Get Book

Trade in Knowledge by Antony Taubman,Jayashree Watal Pdf

Offers insights into what it means to trade in knowledge in today's technological and commercial environment.

Author : Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman
Publisher : Cambridge University Press
Page : 925 pages
File Size : 51,6 Mb
Release : 2021-08-05
Category : Business & Economics
ISBN : 9781107194366

Get Book

Competition Policy and Intellectual Property in Today's Global Economy by Robert D. Anderson,Nuno Pires de Carvalho,Antony Taubman Pdf

The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Author : Nirmal Sengupta
Publisher : Academic Foundation
Page : 332 pages
File Size : 54,8 Mb
Release : 2007
Category : Economics
ISBN : 8171885861

Get Book

Economic Studies of Indigenous and Traditional Knowledge by Nirmal Sengupta Pdf

This book deals with the traditional and indigenous knowledge of the common men and women of India--tribal and Dalit populations, fisher folk, craftsmen, artisans, and leather workers--which includes their agriculture, housing, and irrigation methods; medicinal knowled≥ methods for collecting drinking water; and arts and culture. It establishes that the economic significance of such knowledge in the modern world is being utilized in a wide variety of ways. Globally, indigenous knowledge is now recognized as an underutilized resource that can help to reduce poverty and a dormant reserve with considerable commercial potential.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 230 pages
File Size : 42,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789280517910

Get Book

The Economics of Intellectual Property. Suggestions for Further Research in Developing Countries and Countries with Economies in Transition by World Intellectual Property Organization Pdf

The series of papers in this publication were commissioned from renowned international economists from all regions. They review the existing empirical literature on six selected themes relating to the economics of intellectual property, identify the key research questions, point out research gaps and explore possible avenues for future research.

Author : Dewani, Nisha Dhanraj,Gurtu, Amulya
Publisher : IGI Global
Page : 296 pages
File Size : 42,8 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781799818373

Get Book

Intellectual Property Rights and the Protection of Traditional Knowledge by Dewani, Nisha Dhanraj,Gurtu, Amulya Pdf

Traditional knowledge is largely oral collective of knowledge, beliefs, and practices of indigenous people on sustainable use and management of resources. The survival of this knowledge is at risk due to various difficulties faced by the holders of this knowledge, the threat to the cultural survival of many communities, and the international lack of respect and appreciation of traditional knowledge. However, the greatest threat is that of appropriation by commercial entities in derogation of the rights of the original holders. Though this practice is morally questionable, in the absence of specific legal provisions, it cannot be regarded as a crime. Intellectual Property Rights and the Protection of Traditional Knowledge is a collection of innovative research on methods for protecting indigenous knowledge including studies on intellectual property rights and sovereignty rights. It also analyzes the contrasting interests of developing and developed countries in the protection of traditional knowledge as an asset. While highlighting topics including biopiracy, dispute resolution, and patent law, this book is ideally designed for legal experts, students, industry professionals, and practitioners seeking current research on the development and enforcement of intellectual property rights in relation to traditional knowledge.

Author : Frederick M. Abbott,Thomas Cottier,Francis Gurry
Publisher : Aspen Publishing
Page : 1056 pages
File Size : 44,5 Mb
Release : 2019-02-07
Category : Law
ISBN : 9781543809596

Get Book

International Intellectual Property in an Integrated World Economy by Frederick M. Abbott,Thomas Cottier,Francis Gurry Pdf

International Intellectual Property in an Integrated World Economy, Fourth Edition by Frederick M. Abbott, Thomas Cottier, and Francis Gurry, provides a comprehensive treatment of the international intellectual property system across the spectrum of intellectual property rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral and national levels. For each form of IP, it addresses the technical legal rules and illustrative jurisprudence, as well as economic and social welfare implications. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fourth Edition: The latest developments in bilateral and regional agreements regulating intellectual property, including NAFTA 2.0 (USMCA), CPTPP, and CETA Important new judicial decisions, including the U.S. Supreme Court decision adopting international exhaustion of patents and CJEU decisions addressing trademarks, geographical indications, and copyright Developments in IP and human rights; IP and competition law; and IP and health The WTO panel report in the Australia-Tobacco case Professors and students will benefit from: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts Discussion of patent, trademark, geographical indication, copyright, design, trade secret, and data protection; as well as plant variety protection, protection of genetic resources and traditional knowledge, and the role of open source An explanation of the new European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Inclusion of important jurisprudential developments

Author : Charles R. McManis
Publisher : Earthscan
Page : 521 pages
File Size : 42,6 Mb
Release : 2012
Category : Law
ISBN : 9781849770576

Get Book

Biodiversity and the Law by Charles R. McManis Pdf

How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.

Author : Sharon B. Le Gall
Publisher : Routledge
Page : 198 pages
File Size : 44,7 Mb
Release : 2014-01-10
Category : Law
ISBN : 9781136026645

Get Book

Intellectual Property, Traditional Knowledge and Cultural Property Protection by Sharon B. 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.

Author : Keith Eugene Maskus
Publisher : Peterson Institute
Page : 391 pages
File Size : 53,5 Mb
Release : 2012
Category : Business & Economics
ISBN : 9780881325072

Get Book

Private Rights and Public Problems by Keith Eugene Maskus Pdf

Consumers constantly confront intellectual property rights (IPRs) every day, from their morning cup of Starbucks coffee to the Intel chip on their computer at work. Intellectual property rights help protect creative inventions in the form of trademarks, copyrights, and patents. Despite legal protection, many goods--including music and video files--are easily copied or shared, which affects industries, innovators, and customers. In his follow-up to one of the most popular PIIE titles of all time, Keith Maskus looks at the expansion of private legal rights into international trade markets, not only for technological items but also for international public goods like vaccines and prescription drugs. Private Rights and Public Problems assesses IPR issues for users, producers, and innovators and the difficulty of establishing an international policy regime that governs IPRs in all markets. Post-industrial countries have preferential terms for licensing and selling products, in part because they develop more global brands and products. Maskus observes that in these countries the primacy of private property raises contentious international debate between innovation owners in rich countries and followers and users in emerging and poor countries. Maskus explores if increased privacy regulations limit innovation and pose artificial and real barriers, such as decreased information accessibility and increased cost. This book addresses a fundamental issue: should basic scientific and technological knowledge be commoditized? In this guide to the current global impact of IPRs, the author analyzes the economic contribution of IPRs underlying features: innovation and access to international technologies.