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Author : Tobias Kiene
Publisher : Waxmann Verlag
Page : 332 pages
File Size : 41,5 Mb
Release : 2009
Category : Electronic
ISBN : 9783830976035
Author : Tobias Kiene
Publisher : Unknown
Page : 332 pages
File Size : 41,8 Mb
Release : 2011
Category : Drugs
ISBN : 3830926030
Author : Julia Honds
Publisher : GRIN Verlag
Page : 85 pages
File Size : 43,7 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 : Anindya Bhukta
Publisher : Emerald Group Publishing
Page : 122 pages
File Size : 53,9 Mb
Release : 2020-06-18
Category : Law
ISBN : 9781800430655
Legal Protection for Traditional Knowledge calls attention to the vital contributions that aboriginal knowledge makes to global development and how the legal systems in place, particularly in India, must change to protect this knowledge.This book is a must-read for researchers in economics, development studies, and international law.
Author : Petra Ebermann
Publisher : Intersentia NV
Page : 0 pages
File Size : 47,7 Mb
Release : 2012
Category : Drugs
ISBN : 1780680732
The protection of traditional knowledge and the practices of local and indigenous groups have been discussed in various forums in recent times. International agreements - such as the Convention on Biological Diversity - address the importance of protecting traditional knowledge and practices, recognizing that this knowledge bears immense value in terms of its contribution to the conservation of biological diversity and its inputs to research and development in various fields. Experiences of the past - for example, the use of the Neem tree and the Turmeric plant - show that the benefits of traditional knowledge applications are allocated mainly to the follow-on developers and rarely to the original suppliers of the knowledge and practices. In the long term, this may result in restricted access to traditional knowledge to the detriment of social welfare. This book examines traditional knowledge protection in the area of traditional medical knowledge, which is often utilized in contemporary medicine and, consequently, is subject to patent protection. The book provides a comparative view of the current patent regimes in major economies - specifically the US and the EU - and the consequences of the application of these laws to traditional medical knowledge and follow-on innovation, as well as the impact on underlying economic principles and opposing interests. The economic analysis of law is used to evaluate the current situation by comparing the effects of adapted patent regimes to alternative liability regimes or contractual agreements. This comparative and interdisciplinary approach gives valuable insights and inputs for future discussion.
Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 51,8 Mb
Release : 2016
Category : Law
ISBN : 8210379456XXX
This Brief introduces different options on intellectual property protection of traditional medical knowledge.
Author : World Intellectual Property Organization
Publisher : WIPO
Page : 56 pages
File Size : 53,5 Mb
Release : 2020-07-08
Category : Law
ISBN : 9789280525878
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.
Author : Dewani, Nisha Dhanraj,Gurtu, Amulya
Publisher : IGI Global
Page : 296 pages
File Size : 46,9 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781799818373
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 : Peter S Harrison
Publisher : Hart Publishing
Page : 0 pages
File Size : 54,6 Mb
Release : 2024-08-08
Category : Law
ISBN : 9781509937530
This book concerns the often fractious interface between drug discovery and commercialisation, environmental degradation, the biodiversity crisis, the exploitation of indigenous peoples and the destruction of their culture, the right to health, inequalities of power, and the ability of the law to protect knowledge. For millennia, medicinal plants have provided a trove of treatments for human ailments, and the key to that treasure has been the traditional knowledge of the indigenous peoples who have lived alongside these plants. More recently that knowledge has been taken, often without consent or recompense, by Western science as a springboard for the development of pharmaceutical agents. As a response to threats to biodiversity and indigenous culture, international mechanisms have created, or are creating, enforceable rights for indigenous peoples to control such knowledge. With a background in pharmacology and molecular biology and significant experience as a lawyer in pharmaceutical and biotech patent litigation, the author brings a fresh perspective to understanding the difficulties of enforcing such rights and, in particular, examines whether there is a philosophically justifiable limit to the downstream scope of such rights. This book is aimed at all those with an interest in the control of indigenous genetic knowledge and the protection of indigenous culture, whether academics, anthropologists or pharmaceutical researchers, and those seeking to make indigenous rights work, as activists, legislators or practising lawyers.
Author : World Intellectual Property Organization
Publisher : WIPO
Page : 40 pages
File Size : 52,9 Mb
Release : 2017-12-08
Category : Law
ISBN : 9789280528831
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.
Author : World Intellectual Property Organization
Publisher : WIPO
Page : 36 pages
File Size : 49,5 Mb
Release : 2005
Category : Law
ISBN : 9789280513660
This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.
Author : Christian Riffel
Publisher : BRILL
Page : 397 pages
File Size : 55,6 Mb
Release : 2016-06-23
Category : Business & Economics
ISBN : 9789004313477
In The Protection Against Unfair Competition in the WTO TRIPS Agreement, Christian Riffel offers an account of the potential which Article 10bis of the Paris Convention has for the world trading system. In particular, the author explores what hard law obligations emerge from it.
Author : World Intellectual Property Organization
Publisher : WIPO
Page : 126 pages
File Size : 42,8 Mb
Release : 2010
Category : Law
ISBN : 9789280520163
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.
Author : Patricia Covarrubia
Publisher : Taylor & Francis
Page : 172 pages
File Size : 47,7 Mb
Release : 2022-11-30
Category : Law
ISBN : 9781000791044
Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.
Author : Anindya Bhukta
Publisher : Emerald Group Publishing
Page : 200 pages
File Size : 55,7 Mb
Release : 2020-06-18
Category : Law
ISBN : 9781800430631
Legal Protection for Traditional Knowledge calls attention to the vital contributions that aboriginal knowledge makes to global development and how the legal systems in place, particularly in India, must change to protect this knowledge.This book is a must-read for researchers in economics, development studies, and international law.