Intellectual Property, Indigenous People and their Knowledge

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107055334
Total Pages : 263 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Intellectual Property, Indigenous People and their Knowledge by : Peter Drahos

Download or read book Intellectual Property, Indigenous People and their Knowledge written by Peter Drahos and published by Cambridge University Press. This book was released on 2014-06-12 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.

Intellectual Property, Indigenous People and their Knowledge

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139952730
Total Pages : 263 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Intellectual Property, Indigenous People and their Knowledge by : Peter Drahos

Download or read book Intellectual Property, Indigenous People and their Knowledge written by Peter Drahos and published by Cambridge University Press. This book was released on 2014-06-12 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.

Indigenous Heritage and Intellectual Property

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Author :
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.

Valuing Local Knowledge

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Author :
Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Valuing Local Knowledge by : Stephen B. Brush

Download or read book Valuing Local Knowledge written by Stephen B. Brush and published by . This book was released on 1996 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.

Indigenous Intellectual Property

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781955905
Total Pages : 753 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Indigenous Intellectual Property by : Matthew Rimmer

Download or read book Indigenous Intellectual Property written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Indigenous People's Innovation

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Publisher : ANU E Press
ISBN 13 : 1921862785
Total Pages : 276 pages
Book Rating : 4.9/5 (218 download)

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Book Synopsis Indigenous People's Innovation by : Peter Drahos

Download or read book Indigenous People's Innovation written by Peter Drahos and published by ANU E Press. This book was released on 2012-08-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of intellectual property when it comes to supporting innovation by indigenous people.

Indigenous Intellectual Property

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (972 download)

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Book Synopsis Indigenous Intellectual Property by :

Download or read book Indigenous Intellectual Property written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intellectual Property Rights and the Protection of Traditional Knowledge

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Author :
Publisher : IGI Global
ISBN 13 : 1799818373
Total Pages : 296 pages
Book Rating : 4.7/5 (998 download)

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Book Synopsis Intellectual Property Rights and the Protection of Traditional Knowledge by : Dewani, Nisha Dhanraj

Download or read book Intellectual Property Rights and the Protection of Traditional Knowledge written by Dewani, Nisha Dhanraj and published by IGI Global. This book was released on 2019-12-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property, Traditional Knowledge and Cultural Property Protection

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Author :
Publisher :
ISBN 13 : 9780415640428
Total Pages : 0 pages
Book Rating : 4.6/5 (44 download)

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Book Synopsis Intellectual Property, Traditional Knowledge and Cultural Property Protection by : Sharon B. Le Gall

Download or read book Intellectual Property, Traditional Knowledge and Cultural Property Protection written by Sharon B. Le Gall and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Protection for Traditional Knowledge

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Publisher : Emerald Group Publishing
ISBN 13 : 1800430655
Total Pages : 122 pages
Book Rating : 4.8/5 (4 download)

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Book Synopsis Legal Protection for Traditional Knowledge by : Anindya Bhukta

Download or read book Legal Protection for Traditional Knowledge written by Anindya Bhukta and published by Emerald Group Publishing. This book was released on 2020-06-18 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intellectual Property Rights for Indigenous Peoples

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Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Intellectual Property Rights for Indigenous Peoples by : Thomas C. Greaves

Download or read book Intellectual Property Rights for Indigenous Peoples written by Thomas C. Greaves and published by . This book was released on 1994 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Beyond Intellectual Property

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Publisher : IDRC
ISBN 13 : 088936799X
Total Pages : 324 pages
Book Rating : 4.8/5 (893 download)

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Book Synopsis Beyond Intellectual Property by : Darrell Addison Posey

Download or read book Beyond Intellectual Property written by Darrell Addison Posey and published by IDRC. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural property, aboriginal people, ethnobiology, legal status, laws.

Protecting Traditional Knowledge

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Publisher : Taylor & Francis
ISBN 13 : 1317354869
Total Pages : 383 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 383 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.

Indigenous Data Sovereignty

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Publisher : ANU Press
ISBN 13 : 1760460311
Total Pages : 344 pages
Book Rating : 4.7/5 (64 download)

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Book Synopsis Indigenous Data Sovereignty by : Tahu Kukutai

Download or read book Indigenous Data Sovereignty written by Tahu Kukutai and published by ANU Press. This book was released on 2016-11-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines

The Protection of Traditional Indigenous Knowledge by Intellectual Property Law

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Author :
Publisher : GRIN Verlag
ISBN 13 : 363893490X
Total Pages : 85 pages
Book Rating : 4.6/5 (389 download)

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Book Synopsis The Protection of Traditional Indigenous Knowledge by Intellectual Property Law by : Julia Honds

Download or read book The Protection of Traditional Indigenous Knowledge by Intellectual Property Law written by Julia Honds and published by GRIN Verlag. This book was released on 2008-04 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law, Knowledge, Culture

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Publisher : Edward Elgar Publishing
ISBN 13 : 1848447191
Total Pages : 269 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Law, Knowledge, Culture by : Jane E. Anderson

Download or read book Law, Knowledge, Culture written by Jane E. Anderson and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people. Brad Sherman, University of Queensland, Australia This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions. Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory. Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.

Indigenous Intellectual Property Rights

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Author :
Publisher : Rowman Altamira
ISBN 13 : 9780759104860
Total Pages : 420 pages
Book Rating : 4.1/5 (48 download)

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Book Synopsis Indigenous Intellectual Property Rights by : Mary Riley

Download or read book Indigenous Intellectual Property Rights written by Mary Riley and published by Rowman Altamira. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests.