Genetic Resources Traditional Knowledge And The Law

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Genetic Resources and Traditional Knowledge

Author : Tania Bubela
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002622
Total Pages : 393 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Genetic Resources and Traditional Knowledge by : Tania Bubela

Download or read book Genetic Resources and Traditional Knowledge written by Tania Bubela and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Genetic Resources, Traditional Knowledge and the Law

Author : Evanson C. Kamau
Publisher : Earthscan
ISBN 13 : 1849770093
Total Pages : 529 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Genetic Resources, Traditional Knowledge and the Law by : Evanson C. Kamau

Download or read book Genetic Resources, Traditional Knowledge and the Law written by Evanson C. Kamau and published by Earthscan. This book was released on 2009 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD).

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Author : Paul Kuruk
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368486
Total Pages : 582 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property by : Paul Kuruk

Download or read book Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property written by Paul Kuruk and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous Heritage and Intellectual Property

Author : Silke von Lewinski
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124926
Total Pages : 564 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Indigenous Heritage and Intellectual Property by : Silke von Lewinski

Download or read book Indigenous Heritage and Intellectual Property written by Silke von Lewinski and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Protecting Traditional Knowledge

Author : Daniel F. Robinson
Publisher : Routledge
ISBN 13 : 1317354850
Total Pages : 408 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Protecting Traditional Knowledge by : Daniel F. Robinson

Download or read book Protecting Traditional Knowledge written by Daniel F. Robinson and published by Routledge. This book was released on 2017-07-14 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280525875
Total Pages : 56 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions by : World Intellectual Property Organization

Download or read book Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-07-08 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Protecting Traditional Knowledge

Author : Daniel F. Robinson
Publisher : Taylor & Francis
ISBN 13 : 1317354869
Total Pages : 366 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Protecting Traditional Knowledge by : Daniel F. Robinson

Download or read book Protecting Traditional Knowledge written by Daniel F. Robinson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Genetic Resources, Traditional Knowledge and the Law

Author : Evanson C. Kamau
Publisher : Routledge
ISBN 13 : 1136574425
Total Pages : 530 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Genetic Resources, Traditional Knowledge and the Law by : Evanson C. Kamau

Download or read book Genetic Resources, Traditional Knowledge and the Law written by Evanson C. Kamau and published by Routledge. This book was released on 2009-09-02 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order to increase transparency and equity in the international flow of genetic resources, yet few countries have been able to effectively implement them and ABS negotiations are often paralysed by differing interests. This book not only examines these complex challenges, but offers workable, policy-oriented solutions. International contributors cover theoretical approaches, new significant national legislation, the concept of traditional knowledge, provider and user country measures and common solutions. Exploring specific, salient examples from across the globe, the authors provide lessons for national regulation and the ongoing negotiations for an international ABS regime. Uniquely, this book also looks at the potential for 'horizontal' development of ABS law and policy, applying lessons from bilateral approaches to other national contexts.

The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property

Author : Jonathan Curci
Publisher : Cambridge University Press
ISBN 13 : 0521199441
Total Pages : 361 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property by : Jonathan Curci

Download or read book The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property written by Jonathan Curci and published by Cambridge University Press. This book was released on 2010 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.

The Protection of Traditional Knowledge on Genetic Resources

Author : Frantzeska Papadopoulou
Publisher : Edward Elgar Publishing
ISBN 13 : 1786437430
Total Pages : 384 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Protection of Traditional Knowledge on Genetic Resources by : Frantzeska Papadopoulou

Download or read book The Protection of Traditional Knowledge on Genetic Resources written by Frantzeska Papadopoulou and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focusing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.

The Custodians of Biodiversity

Author : Manuel Ruiz
Publisher : Routledge
ISBN 13 : 1136582177
Total Pages : 240 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis The Custodians of Biodiversity by : Manuel Ruiz

Download or read book The Custodians of Biodiversity written by Manuel Ruiz and published by Routledge. This book was released on 2012-03-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globally, local and indigenous approaches to conserving biodiversity, crop improvement, and managing precious natural resources are under threat. Many communities have to deal with 'biopiracy,' for example. As well, existing laws are usually unsuitable for protecting indigenous and traditional knowledge and for recognizing collective rights, such as in cases of participatory plant breeding, where farmers, researchers and others join forces to improve existing crop varieties or develop new ones, based on shared knowledge and resources. This book addresses these issues. It outlines the national and international policy processes that are currently underway to protect local genetic resources and related traditional knowledge and the challenges these initiatives have faced. In particular these themes are addressed within the context of the Convention of Biological Diversity and the International Treaty on Plant Genetic Resources for Food and Agriculture. The authors broaden the policy and legal debates beyond the sphere of policy experts to include the knowledge-holders themselves. These are the 'custodians of biodiversity': farmers, herders and fishers in local communities. Their experience in sharing access and benefits to genetic resources is shown to be crucial for the development of effective national and international agreements. The book presents and analyzes this experience, including case studies from China, Cuba, Honduras, Jordan, Nepal, Peru and Syria. Copublished with the International Development Research Centre (IDRC).

Intellectual Property Rights, Trade and Biodiversity

Author : Graham Dutfield
Publisher : Earthscan
ISBN 13 : 1849776237
Total Pages : 240 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Intellectual Property Rights, Trade and Biodiversity by : Graham Dutfield

Download or read book Intellectual Property Rights, Trade and Biodiversity written by Graham Dutfield and published by Earthscan. This book was released on 2000 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Documenting Traditional Knowledge – A Toolkit

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280528831
Total Pages : 40 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Documenting Traditional Knowledge – A Toolkit by : World Intellectual Property Organization

Download or read book Documenting Traditional Knowledge – A Toolkit written by World Intellectual Property Organization and published by WIPO. This book was released on 2017-12-08 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9280535684
Total Pages : 55 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. by : World Intellectual Property Organization

Download or read book Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. written by World Intellectual Property Organization and published by WIPO. This book was released on with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Biodiversity, Genetic Resources and Intellectual Property

Author : Kamalesh Adhikari
Publisher : Routledge
ISBN 13 : 1351580337
Total Pages : 262 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Biodiversity, Genetic Resources and Intellectual Property by : Kamalesh Adhikari

Download or read book Biodiversity, Genetic Resources and Intellectual Property written by Kamalesh Adhikari and published by Routledge. This book was released on 2018-03-09 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates about Access and Benefit Sharing (ABS) have moved on in recent years. An initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now moved to a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced: repatriation of resources, technology transfer, traditional knowledge and cultural expressions; open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses and sharing DNA sequences, and so on. Unfortunately, most of this debate is now crystallised into apparently intractable discussions such as implementing the certificates of origin, recognising traditional knowledge and traditional cultural expression as a form of intellectual property, and sovereignty for Indigenous peoples. Not everything in this new marketplace of ABS has been created de novo. Like most new entrants, ABS has disrupted existing legal and governance arrangements. This collection of chapters examines what is new, what has been changed, and what might be changed in response to the growing acceptance and prevalence of ABS of genetic resources. Biodiversity, Genetic Resources and Intellectual Property: Developments in Access and Benefit Sharing of Genetic Resources addresses current issues arising from recent developments in the enduring and topical debates about managing genetic resources through the ABS regime. The book explores key historical, doctrinal, and theoretical issues in the field, at the same time developing new ideas and perspectives around ABS. It shows the latest state of knowledge and will be of interest to researchers, academics, policymakers, and students in the fields of intellectual property, governance, biodiversity and conservation, sustainable development, and agriculture.

“The” Legal Protection of Traditional Knowledge in the Pharmaceutical Field

Author : Tobias Kiene
Publisher : Waxmann Verlag
ISBN 13 : 3830976038
Total Pages : 398 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis “The” Legal Protection of Traditional Knowledge in the Pharmaceutical Field by : Tobias Kiene

Download or read book “The” Legal Protection of Traditional Knowledge in the Pharmaceutical Field written by Tobias Kiene and published by Waxmann Verlag. This book was released on 2009 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common Pools of Genetic Resources

Author : Evanson Chege Kamau
Publisher : Routledge
ISBN 13 : 1135069697
Total Pages : 433 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Common Pools of Genetic Resources by : Evanson Chege Kamau

Download or read book Common Pools of Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2013-07-18 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.