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Author : Chidi Oguamanam
Publisher : University of Toronto Press
Page : 377 pages
File Size : 41,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9780802039026
Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.
Author : Charles R. McManis
Publisher : Earthscan
Page : 521 pages
File Size : 41,5 Mb
Release : 2012
Category : Law
ISBN : 9781849770576
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 : Graham Dutfield
Publisher : Earthscan
Page : 240 pages
File Size : 43,5 Mb
Release : 2000
Category : Law
ISBN : 9781849776233
This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.
Author : Daniel F. Robinson,Ahmed Abdel-Latif,Pedro Roffe
Publisher : Taylor & Francis
Page : 366 pages
File Size : 54,9 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317354864
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 : Graham Dutfield
Publisher : Routledge
Page : 273 pages
File Size : 49,7 Mb
Release : 2010-09-23
Category : Law
ISBN : 9781136536281
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 : Jonathan Curci
Publisher : Cambridge University Press
Page : 361 pages
File Size : 53,9 Mb
Release : 2010
Category : Law
ISBN : 9780521199445
Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.
Author : Silke von Lewinski
Publisher : Kluwer Law International B.V.
Page : 564 pages
File Size : 48,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041124920
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 : Julia Honds
Publisher : GRIN Verlag
Page : 85 pages
File Size : 54,5 Mb
Release : 2008-04
Category : Intellectual property
ISBN : 9783638934909
Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington (Faculty of Law), 47 entries in the bibliography, language: English, abstract: Indigenous people often know a lot about the healing properties or other useful characteristics of their indigenous plants. This knowledge usually has been passed on within the indigenous community from generation to generation and is therefore regarded as traditional knowledge. This traditional knowledge is of great value for the pharmaceutical industry. Accordingly, it has been explored, used as the basis for subsequently patented in-ventions, and sometimes misappropriated by pharmaceutical companies from the "developed" world. This essay seeks to provide an overview of the problems and issues that arise where traditional knowl-edge meets the "Western" intellectual property regime. The questions that are sought to be answered are: Why should traditional knowledge be protected as intellectual property and how could this be done? Many approaches have been made, both on an international and a national level. Several of these solutions will be presented and discussed in this essay. It will be seen that already existing intellectual property rights are not suitable for the protection of traditional knowledge. Compared with this, the implementation of safeguards within patent applica-tion proceedings seems to be more appropriate and effective. However, this approach turns out to be not com-prehensive enough. Therefore, this essay recommends the protection of traditional knowledge by an intellectual property right sui generis, specially designed for that purpose. This solution is favourable because it is the most complete one, is able to address all issues in an appropriate way, and can strike a balance between the involved conflicting interests.
Author : Tobias Kiene
Publisher : Waxmann Verlag
Page : 398 pages
File Size : 50,6 Mb
Release : 2009
Category : Electronic
ISBN : 9783830976035
Author : Tejaswini Apte
Publisher : Unknown
Page : 158 pages
File Size : 55,7 Mb
Release : 2006
Category : Agrobiodiversity conservation
ISBN : WISC:89095214508
Author : Paul Kuruk
Publisher : Edward Elgar Publishing
Page : 582 pages
File Size : 40,5 Mb
Release : 2020-03-28
Category : Law
ISBN : 9781785368486
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 : S. Ram Reddy,M. Surekha,Velkuru Krishnamurthy Reddy
Publisher : Unknown
Page : 261 pages
File Size : 55,6 Mb
Release : 2016
Category : Biodiversity
ISBN : 8172339690
Author : Tania Bubela,E. Richard Gold
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 46,6 Mb
Release : 2012-01-01
Category : Science
ISBN : 9781781002629
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 : Anil K. Gupta (professor.)
Publisher : WIPO
Page : 305 pages
File Size : 55,5 Mb
Release : 2004
Category : Law
ISBN : 9789280510119
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.
Author : Darrell Addison Posey,Graham Dutfield
Publisher : IDRC
Page : 324 pages
File Size : 52,9 Mb
Release : 1996
Category : Cultural property
ISBN : 9780889367999
Cultural property, aboriginal people, ethnobiology, legal status, laws.