Protection Of Intellectual Biological And Cultural Property In Papua New Guinea
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Protection of Intellectual, Biological and Cultural Property in Papua New Guinea by Kathy Whimp,Mark Busse Pdf
Intellectual, biological and cultural property rights are a powerful and debatable topic. They offer the possibility for protection of rights to intangible resources, including the products of knowledge and creativity. The forces of globalisation have made this subject of immediate, international concern. Struggles for ownership of intellectual property occur between and within local and global arenas. This book examines important questions which Papua New Guinea must ask in the development of intellectual property legislation. The chapters are written by specialists in the fields of medicine, law, the environment, music, genetics and traditional cultural knowledge. The wise and creative protection of intellectual, biological and cultural property is important if Papua New Guinea is to successfully define and realise its future.
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.
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.
Indigenous Heritage and Self-determination by Tony Simpson Pdf
The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.
Author : Mario Biagioli,Peter Jaszi,Martha Woodmansee Publisher : University of Chicago Press Page : 476 pages File Size : 42,9 Mb Release : 2015-07-31 Category : Law ISBN : 9780226172491
Making and Unmaking Intellectual Property by Mario Biagioli,Peter Jaszi,Martha Woodmansee Pdf
Rules regulating access to knowledge are no longer the exclusive province of lawyers and policymakers and instead command the attention of anthropologists, economists, literary theorists, political scientists, artists, historians, and cultural critics. This burgeoning interdisciplinary interest in “intellectual property” has also expanded beyond the conventional categories of patent, copyright, and trademark to encompass a diverse array of topics ranging from traditional knowledge to international trade. Though recognition of the central role played by “knowledge economies” has increased, there is a special urgency associated with present-day inquiries into where rights to information come from, how they are justified, and the ways in which they are deployed. Making and Unmaking Intellectual Property, edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee, presents a range of diverse—and even conflicting—contemporary perspectives on intellectual property rights and the contested sources of authority associated with them. Examining fundamental concepts and challenging conventional narratives—including those centered around authorship, invention, and the public domain—this book provides a rich introduction to an important intersection of law, culture, and material production.
Transactions and Creations by Eric Hirsch,Marilyn Strathern Pdf
In the early 21st century, intellectual and cultural resources emerge on all sides as candidates for ownership claims. Members of an anthropological research team investigating emergent economic relations in a part of the world renowned for its innovative approach to resources and transactions, wish to open up the vocabulary. In this unique volume, they bring an unexpected comparative perspective to global debates on intellectual and cultural property rights (IPR and CPR). The contributors bring from Melanesia their collective experience of people initiating, limiting and rationalizing claims through transactions in ways that challenge many of the assumptions behind the international language. In a bold theoretical move, "property" is put alongside two other terms: "transactions" and "creations." The former have a place in the anthropological tradition that now needs to be brought into the foreground. In turn, increasing interest in protecting intellectual and cultural resources means that questions about creativity have suddenly become pertinent to what is or is not being transacted. Yet is creativity a special preoccupation of modernity? How are we to talk about people's creative practices, when innovation becomes the basis for ownership claims? This book is full of surprises!
International Law, Museums and the Return of Cultural Objects by Ana Filipa Vrdoljak Pdf
While the question of the return of cultural objects is by no means a new one, it has become the subject of increasingly intense debate in recent years. This important book explores the removal and the return of cultural objects from occupied communities during the last two centuries and analyses the concurrent evolution of international cultural heritage law. The book focuses on the significant influence exerted by British, U.S. and Australian governments and museums on international law and museum policy in response to restitution claims. It shows that these claims, far from heralding the long-feared dissolution of museums and their collections, provide museums with a vital, new role in the process of self-determination and cultural identity. Compelling and thought-provoking throughout, this book is essential reading for archaeologists, international lawyers and all those involved in cultural resource management.
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.
Cultural Heritage by Adriana Campelo,Laura Reynolds,Adam Lindgreen,Michael Beverland Pdf
Cultural Heritage is a systematic, interdisciplinary examination of cultural heritage, which provides an up-to-date view of the field by drawing on various disciplines. The book offers a thorough, structured review of extant literature on heritage in tourism and pertinent challenges for cultural heritage. This book offers new ways of looking at cultural heritage assets against a backdrop of increasing economic and environmental pressures. It comprises a number of sections that each examine cultural heritage from the perspective of ethics and values, community relations and development, cultural entrepreneurship, economic viability and conservation, methodologies, impacts of tourism research, consumption, and urban and immaterial heritage. Encompassing global research perspectives from public management, visual culture, environmental management, and cultural entrepreneurship, Cultural Heritage is a crucial text for those working or interested in the heritage field.
The Ethics of Cultural Heritage by Tracy Ireland,John Schofield Pdf
It is widely acknowledged that all archaeological research is embedded within cultural, political and economic contexts, and that all archaeological research falls under the heading ‘heritage’. Most archaeologists now work in museums and other cultural institutions, government agencies, non-government organisations and private sector companies, and this diversity ensures that debates continue to proliferate about what constitutes appropriate professional ethics within these related and relevant contexts. Discussions about the ethics of cultural heritage in the 20th century focused on standards of professionalism, stewardship, responsibilities to stakeholders and on establishing public trust in the authenticity of the outcomes of the heritage process. This volume builds on recent approaches that move away from treating ethics as responsibilities to external domains and to the discipline, and which seek to ensure ethics are integral to all heritage theory, practice and methods. The chapters in this collection chart a departure from the tradition of external heritage ethics towards a broader approach underpinned by the turn to human rights, issues of social justice and the political economy of heritage, conceptualising ethical responsibilities not as pertaining to the past, but to a future-focused domain of social action.
Transcending the Culture–Nature Divide in Cultural Heritage by Sally Brockwell,Sue O’Connor,Denis Byrne Pdf
While considerable research and on-ground project work focuses on the interface between Indigenous/local people and nature conservation in the Asia-Pacific region, the interface between these people and cultural heritage conservation has not received the same attention. This collection brings together papers on the current mechanisms in place in the region to conserve cultural heritage values. It will provide an overview of the extent to which local communities have been engaged in assessing the significance of this heritage and conserving it. It will address the extent to which management regimes have variously allowed, facilitated or obstructed continuing cultural engagement with heritage places and landscapes, and discuss the problems agencies experience with protection and management of cultural heritage places.
Kritika: Essays on Intellectual Property by Peter Drahos,Gustavo Ghidini,Hanns Ullrich Pdf
The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.
The Protection of Traditional Indigenous Knowledge by Intellectual Property Law by Julia Honds Pdf
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.
This book deals with the values of medicinal plants and associated knowledge(s) in the field of bioprospecting in post-apartheid South Africa. Bioprospecting, the use of genetic or biological resources for commercial purposes, is a profit-oriented enterprise facing new challenges with the rise of human rights and biodiversity politics. This new situation has led to claims for political leverage made by indigenous communities, as well as to claims for national and local cultural identity and heritage. The picture presented here contributes to the widely discussed yet so far unresolved question of how to appropriately share benefits, and how to protect indigenous knowledge in this field.