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The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property
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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.
Book Synopsis International Law and Indigenous Knowledge by : Chidi Oguamanam
Download or read book International Law and Indigenous Knowledge written by Chidi Oguamanam and published by University of Toronto Press. This book was released on 2006-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 . This book was released on 2010 with total page 346 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.
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.
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.
Book Synopsis Biodiversity and the Law by : Charles R. McManis
Download or read book Biodiversity and the Law written by Charles R. McManis and published by Earthscan. This book was released on 2012 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.
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:
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.
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.
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.
Book Synopsis Intellectual Property, Biogenetic Resources and Traditional Knowledge by : Graham Dutfield
Download or read book Intellectual Property, Biogenetic Resources and Traditional Knowledge written by Graham Dutfield and published by Routledge. This book was released on 2010-09-23 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biogenetic resources - the critical biological and chemical materials that underpin so much of medicine, both modern and traditional, agriculture, and wider economic activity in so many fields - are at the centre of heated debate regarding their use, development, and ownership, and the issues of ethics and equity that impinge on all of these factors. This book is a comprehensive examination of the key issues, institutions and ideologies in this area, presenting definitions and explanations of the fundamentals of intellectual property rights (IPRs), biogenetic resources and traditional knowledge. It uses the insights from this to build a picture of how these factors interact in practice, bringing to the surface issues such as: the conservation and sustainable use of biodiversity, benefit sharing from the commercial use of biodiversity, biotechnological innovation and the transfer of technology, agriculture, food security, rural development, health and international justice. Part 1 describes the relevant international IPR laws, highlights the extent to which modern commerce depends on such resources, and traces the way in which modern IPR law has evolved to accommodate this dependence. Part 2 shows how stronger IPR protection in the area of life science innovation has given rise to controversies such as 'biopiracy', 'terminator' genes and genetic uniformity. Part 3 focuses on traditional knowledge, its nature, its importance, and the applicability of IPR-style protection. Part 4 covers the international negotiation and policy-making of the WTO, WIPO and CBD and the legislative initiatives of national governments of Asia, Africa and Latin America. Finally, Part 5 focuses on two developing country case studies - of India and Kenya - assessing whether they will be able to gain economic benefit from development of their natural resources within the current regulatory system and whether this will encourage the conservation and sustainable use of the resource base. With its multidisciplinary approach and breadth of coverage, this book will appeal both to those new to the subject and to those with professional and specialist interest, including students, academics, legal practitioners, government policy-makers and the private sector.
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.
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.
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.
Book Synopsis An International Law Perspective on Intellectual Property, Biodiversity and Traditional Knowledge by : Jonathan Curci
Download or read book An International Law Perspective on Intellectual Property, Biodiversity and Traditional Knowledge written by Jonathan Curci and published by . This book was released on 2007 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part III seeks shape a well-balanced intellectual property system including the positive and defensive protection of traditional knowledge, the concept of priop informed consent of the provider State for the exploitation of its genetic resources in view of obtaining an exclusive right on a biotechnological innovation based upon a genetic resource and their related traditional knowledge as well as various regimes of access and benefit-sharing governing genetic resources under national sovereignty.
Book Synopsis Protecting Traditional Knowledge by : Evana Wright
Download or read book Protecting Traditional Knowledge written by Evana Wright and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.
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 Routledge. This book was released on 2014-09-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research 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. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne 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. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.
