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Intellectual Property Traditional Knowledge Access Benefit Sharing Policy Environment In Eight Countries In Eastern And Southern Africa
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Book Synopsis Intellectual Property, Traditional Knowledge, Access Benefit Sharing Policy Environment in Eight Countries in Eastern and Southern Africa by : Joseph M. Wekundah
Download or read book Intellectual Property, Traditional Knowledge, Access Benefit Sharing Policy Environment in Eight Countries in Eastern and Southern Africa written by Joseph M. Wekundah and published by . This book was released on 2012 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis WIPO-UNEP Study on the Role of Intellectual Property Rights in the Sharing of Benefits Arising from the Use of Biological Resources and Associated Traditional Knowledge by : Anil K. Gupta (professor.)
Download or read book WIPO-UNEP Study on the Role of Intellectual Property Rights in the Sharing of Benefits Arising from the Use of Biological Resources and Associated Traditional Knowledge written by Anil K. Gupta (professor.) and published by WIPO. This book was released on 2004 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this study is to identify and explore the role of intellectual property rights in sharing the benefits arising from the use of biological resources and associated traditional knowledge. It was commissioned in response to Decision IV/9 of the Conference of the Parties to the Conventional on Biological Diversity, and highlights the need, when genetic resources are first accessed, for a understanding of intellectual property issues, as they relate to traditional knowledge of biological resources.
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.
Book Synopsis Intellectual Property, Community Rights and Human Rights by : Marcelin Tonye Mahop
Download or read book Intellectual Property, Community Rights and Human Rights written by Marcelin Tonye Mahop and published by Routledge. This book was released on 2010-06-10 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.
Book Synopsis An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing by : Thomas Greiber
Download or read book An Explanatory Guide to the Nagoya Protocol on Access and Benefit-sharing written by Thomas Greiber and published by IUCN. This book was released on 2012 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unsettled International Intellectual Property Issues by : Tshimanga Kongolo
Download or read book Unsettled International Intellectual Property Issues written by Tshimanga Kongolo and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies - including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation - the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international 'protection instrument' that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.
Book Synopsis Benefit Sharing from Traditional Knowledge and Intellectual Property Rights in Africa by : John S. Ombella
Download or read book Benefit Sharing from Traditional Knowledge and Intellectual Property Rights in Africa written by John S. Ombella and published by . This book was released on 2007 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis was written in the contemplation of the idea that, it is only through protection of the traditional knowledge in African local societies where these societies can rip the benefit of its commercialization and non-commercialization. It was thus centered on the emphasis that, while the African countries are still insisting on the need to have amendments done to the TRIPS Agreement, they should also establish regulations in their domestic laws to protect traditional knowledge from being pirated. This emphasis was mainly raised at this time due to the wide spread of bio-piracy in African local societies by the Western Multinational Pharmaceutical Corporations.
Book Synopsis Protecting Traditional Knowledge by : Graham Dutfield
Download or read book Protecting Traditional Knowledge written by Graham Dutfield and published by . This book was released on 2006 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Vulnerable Position of Traditional Knowledge Under IPR by : Gargi Chakrabarti
Download or read book Vulnerable Position of Traditional Knowledge Under IPR written by Gargi Chakrabarti and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asian, African and Latin American civilizations are among the most ancient ones in the human history; inhabitated by thousands of different traditional communities; there is an abundance of traditional knowledge that has been practiced by traditional communities over a considerable period of time and is still constantly evolving. Huge commercial potentiality of traditional knowledge has been evaluated only in recent decades. In recent years, issues related to the importance of traditional knowledge, its role in the economy of the country, its misappropriation by commercial activities and the need of its protection from the misappropriation has been the subject to debate and discussion in international fora. From traditional communities' point of view, traditional knowledge is often not a commercial commodity; instead it is related with their customs, culture, heritage and the way of their daily living. It is important from the sustainable development point of view of the respective country as well, as it can potentially improve the daily problems of food, cloths, medicines, safe drinking water and employment. This is true not only for traditional communities, but also for each and every backward and compromised people in the country or in the region; thus improving the overall growth of the society. That is the reason traditional knowledge needs proper protection in national, regional and international arena. India, Brazil, South Africa, Andean countries, African countries and other developing and least developed countries are concerned about the protection of their traditional knowledge from misappropriation. In the international arena, WIPO (Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore i.e. IGC to be specific) is working since long time to provide a comprehensive guideline for the system of protection of traditional knowledge. The methodology of research adopted for this article is the doctrinal method, and following documents are used for the purpose of research: A) Primary documents - different country's statutory regimes and international conventions (such as CBD), protocol (such as Swakopmund Protocol of ARIPO) and drafts of WIPO IGC model sui generis legislation (specifically the Draft prepared in 16th and 24th session of IGC). This article will discuss the unique nature of traditional knowledge according to its holistic characteristics, will detail the cases of its misappropriation, and will evaluate the available national protection and the gaps therein. This article will also estimate the international attempt to provide the proper guideline for streamlining the protection of traditional knowledge. The issue of inclusion of disclosure of origin in patent application, formulation of sui generis system with introduction of access and benefit sharing regime and WIPO-IGC initiative in preparation of international guideline for traditional knowledge protection will be discussed in depth in this article. This article at the same time will try to get the proper remedy for protection of traditional knowledge in national, regional, inert-regional and international level, so that the effectivity of traditional knowledge can be used for sustainable development of the communities and for the society at large, so that mankind will go towards a better tomorrow using the full potential of the traditional knowledge. This article will also concentrate on creating awareness in every sector of the society, especially among all the stakeholders related with traditional knowledge so that the traditional communities will be empowered to stop the misappropriation of their traditional knowledge and can actively participate in effective use of traditional knowledge, and technology transfer related to it, by taking an essential part in access and benefit sharing mechanism.
Book Synopsis Intellectual Property and Traditional Knowledge in the Global Economy by : Teshager W. Dagne
Download or read book Intellectual Property and Traditional Knowledge in the Global Economy written by Teshager W. Dagne and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a national context, geographical indications (GIs) are well entrenched in European historical, cultural and legal traditions, particularly in the production and marketing of wines and spirits. Arising from recent developments at the international level in the areas of intellectual property law, traditional knowledge, and biodiversity however, many developing countries, Indigenous Peoples and Local Communities are considering using GIs to protect traditional knowledge in developing countries and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters in this respect, there is appreciable research dearth on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. The book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law and policy-making to address the inadequacies of the existing global Intellectual Property Rights system in accommodating traditional knowledge. The book analyzes the reception, interest and nuanced reactions towards GIs from developing countries and advocates of development in the various legal and non-legal regimes that provide alternative platform for discussions and elaboration of intellectual property policies, such as the World Trade Organization, World Intellectual Property Organization, the Convention on Biological Diversity and the Food and Agricultural Organization. The book argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products and to benefit from the flexibility inherent in providing a means of GIs protection to suit different circumstances on a case-by-case basis.
Book Synopsis A Study on Intellectual Property Environment in Eight Countries by : Joseph M. Wekundah
Download or read book A Study on Intellectual Property Environment in Eight Countries written by Joseph M. Wekundah and published by . This book was released on 2012 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Traditional Knowledge in Policy and Practice by : Suneetha M. Subramanian
Download or read book Traditional Knowledge in Policy and Practice written by Suneetha M. Subramanian and published by . This book was released on 2010 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge (TK) has contributed immensely to shaping development and human well-being. Its influence spans a variety of sectors, including agriculture, health, education and governance. However, in today's world, TK and its practitioners are increasingly underrpresented or under-utilized. Further, while the applicability of TK to human and environmental welfare is well-recognized, collated information on how TK contributes to different sectors is not easily accessible. --
Book Synopsis African Perspectives on Genetic Resources by : Kent Nnadozie
Download or read book African Perspectives on Genetic Resources written by Kent Nnadozie and published by Environmental Law Institute. This book was released on 2003 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives by : World Intellectual Property Organization
Download or read book Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives written by World Intellectual Property Organization and published by WIPO. This book was released on 2010 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis Indigenous Peoples, Consent and Benefit Sharing by : Rachel Wynberg
Download or read book Indigenous Peoples, Consent and Benefit Sharing written by Rachel Wynberg and published by Springer Science & Business Media. This book was released on 2009-09-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.
Book Synopsis Intellectual Property Needs and Expectations of Traditional Knowledge Holders by : World Intellectual Property Organization
Download or read book Intellectual Property Needs and Expectations of Traditional Knowledge Holders written by World Intellectual Property Organization and published by WIPO. This book was released on 2001 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: FFM to West Africa
