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Intellectual Property Rights and the Protection of Traditional Knowledge

Intellectual Property Rights and the Protection of Traditional Knowledge
Author: Dewani, Nisha Dhanraj
Publisher: IGI Global
Total Pages: 296
Release: 2019-12-27
Genre: Law
ISBN: 1799818373

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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.


Indigenous Intellectual Property

Indigenous Intellectual Property
Author: Matthew Rimmer
Publisher: Edward Elgar Publishing
Total Pages: 753
Release: 2015-12-18
Genre: Law
ISBN: 1781955905

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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.


Legal Protection for Traditional Knowledge

Legal Protection for Traditional Knowledge
Author: Anindya Bhukta
Publisher: Emerald Group Publishing
Total Pages: 122
Release: 2020-06-18
Genre: Law
ISBN: 1800430655

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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, Genetic Resources, Customary Law and Intellectual Property

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property
Author: Paul Kuruk
Publisher: Edward Elgar Publishing
Total Pages: 582
Release: 2020-03-28
Genre: Law
ISBN: 1785368486

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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

Intellectual Property, Traditional Knowledge and Cultural Property Protection
Author: Sharon B. Le Gall
Publisher:
Total Pages: 0
Release: 2014
Genre: Caribbean Area
ISBN: 9780415640428

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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.


Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 56
Release: 2020-07-08
Genre: Law
ISBN: 9280525875

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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

Documenting Traditional Knowledge – A Toolkit
Author: World Intellectual Property Organization
Publisher: WIPO
Total Pages: 40
Release: 2017-12-08
Genre: Law
ISBN: 9280528831

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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.


Protecting Traditional Knowledge

Protecting Traditional Knowledge
Author: Daniel F. Robinson
Publisher: Routledge
Total Pages: 408
Release: 2017-07-14
Genre: Law
ISBN: 1317354850

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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.


Intellectual Property Rights, Trade and Biodiversity

Intellectual Property Rights, Trade and Biodiversity
Author: Graham Dutfield
Publisher: Earthscan
Total Pages: 240
Release: 2000
Genre: Law
ISBN: 1849776237

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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.


International Law and Indigenous Knowledge

International Law and Indigenous Knowledge
Author: Chidi Oguamanam
Publisher: University of Toronto Press
Total Pages: 377
Release: 2006-01-01
Genre: Law
ISBN: 0802039022

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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.