Traditional Knowledge And Intellectual Property

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Intellectual Property Rights and the Protection of Traditional Knowledge

Author : Dewani, Nisha Dhanraj,Gurtu, Amulya
Publisher : IGI Global
Page : 296 pages
File Size : 51,6 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781799818373

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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.

Legal Protection for Traditional Knowledge

Author : Anindya Bhukta
Publisher : Emerald Group Publishing
Page : 122 pages
File Size : 53,5 Mb
Release : 2020-06-18
Category : Law
ISBN : 9781800430655

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Legal Protection for Traditional Knowledge by Anindya Bhukta Pdf

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.

Traditional Knowledge and Intellectual Property

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 47,9 Mb
Release : 2016-04-01
Category : Law
ISBN : 8210379456XXX

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Traditional Knowledge and Intellectual Property by World Intellectual Property Organization Pdf

This Brief provides general and basic information on the interface between intellectual property and traditional knowledge, traditional cultural expressions, and genetic resources.

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Author : Paul Kuruk
Publisher : Edward Elgar Publishing
Page : 582 pages
File Size : 53,5 Mb
Release : 2020-03-28
Category : Law
ISBN : 9781785368486

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Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property by Paul Kuruk Pdf

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.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Author : Sharon B. Le Gall
Publisher : Routledge
Page : 0 pages
File Size : 42,8 Mb
Release : 2016-03-03
Category : Electronic
ISBN : 1138665487

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

This book offers an original account of how contemporary intellectual property rights regimes could be adapted to suit traditional knowledge. It examines the ways in which international developments to protect collectively held knowledge typically associated with Indigenous Peoples could de developed to protect cultural signifiers which lies outside the scope of intellectual property protection. The book considers case studies such as the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón, a musical instrument, of Peru, and sets out how rights proposed for these cultural signifiers might be implemented both internationally and domestically.

Customary Law and Traditional Knowledge

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 4 pages
File Size : 53,9 Mb
Release : 2016-04-01
Category : Law
ISBN : 8210379456XXX

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Customary Law and Traditional Knowledge by World Intellectual Property Organization Pdf

This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.

Indigenous Intellectual Property

Author : Matthew Rimmer
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 41,5 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.

Intellectual Property Rights, Trade and Biodiversity

Author : Graham Dutfield
Publisher : Earthscan
Page : 240 pages
File Size : 48,6 Mb
Release : 2000
Category : Law
ISBN : 9781849776233

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Intellectual Property Rights, Trade and Biodiversity by Graham Dutfield Pdf

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.

Protecting Traditional Knowledge

Author : Daniel F. Robinson,Ahmed Abdel-Latif,Pedro Roffe
Publisher : Routledge
Page : 408 pages
File Size : 45,7 Mb
Release : 2017-07-14
Category : Law
ISBN : 9781317354857

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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.

Protecting Traditional Knowledge

Author : Daniel F. Robinson,Ahmed Abdel-Latif,Pedro Roffe
Publisher : Taylor & Francis
Page : 366 pages
File Size : 49,6 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 Heritage and Intellectual Property

Author : Silke von Lewinski
Publisher : Kluwer Law International B.V.
Page : 564 pages
File Size : 40,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041124920

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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 and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 55 pages
File Size : 49,8 Mb
Release : 2024-06-10
Category : Law
ISBN : 9789280535686

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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.

Documenting Traditional Knowledge – A Toolkit

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 40 pages
File Size : 50,9 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 and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 56 pages
File Size : 48,8 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.

Intellectual Property and Traditional Knowledge

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 36 pages
File Size : 54,7 Mb
Release : 2005
Category : Law
ISBN : 9789280513660

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Intellectual Property and Traditional Knowledge by World Intellectual Property Organization Pdf

This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.