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Author : Darrell Addison Posey
Publisher : IDRC
ISBN 13 : 088936799X
Total Pages : 324 pages
Book Rating : 4.8/5 (893 download)
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.
Author : Darrell Addison Posey
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.:/5 (319 download)
Download or read book Traditional Resource Rights written by Darrell Addison Posey and published by . This book was released on 1996 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tania Bubela
Publisher : Edward Elgar Publishing
ISBN 13 : 1781002622
Total Pages : 393 pages
Book Rating : 4.7/5 (81 download)
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.
Author : Evanson C. Kamau
Publisher : Routledge
ISBN 13 : 1136574425
Total Pages : 530 pages
Book Rating : 4.1/5 (365 download)
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.
Author : Marianne O. Nielsen
Publisher : University of Arizona Press
ISBN 13 : 0816540411
Total Pages : 225 pages
Book Rating : 4.8/5 (165 download)
Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Author : Tamatoa Bambridge
Publisher : ANU Press
ISBN 13 : 1925022919
Total Pages : 283 pages
Book Rating : 4.9/5 (25 download)
Download or read book The Rahui written by Tamatoa Bambridge and published by ANU Press. This book was released on 2016-03-22 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
Author : Chidi Oguamanam
Publisher : University of Toronto Press
ISBN 13 : 0802039022
Total Pages : 377 pages
Book Rating : 4.8/5 (2 download)
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.
Author : Anindya Bhukta
Publisher : Emerald Group Publishing
ISBN 13 : 1800430639
Total Pages : 193 pages
Book Rating : 4.8/5 (4 download)
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 193 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.
Author : Rachel Wynberg
Publisher : Springer Science & Business Media
ISBN 13 : 9048131235
Total Pages : 375 pages
Book Rating : 4.0/5 (481 download)
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.
Author : Tobias Kiene
Publisher : Waxmann Verlag
ISBN 13 : 3830976038
Total Pages : 332 pages
Book Rating : 4.8/5 (39 download)
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 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Susette Biber-Klemm
Publisher : CABI
ISBN 13 : 1845930045
Total Pages : 434 pages
Book Rating : 4.8/5 (459 download)
Download or read book Rights to Plant Genetic Resources and Traditional Knowledge written by Susette Biber-Klemm and published by CABI. This book was released on 2006 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the means, instruments and institutions to create incentives to promote conservation and sustainable use of traditional knowledge and plant genetic resources for food and agriculture, in the framework of the world trade order. It approaches these topics on a broad basis: it analyses in depth the option to create specific sui generis intellectual property rights of the TRIPS Agreement. It then discusses the ways to support the maintenance of information which cannot be allocated to specific authors, and examines alternative concepts within the trade of traditionally generated information and related products. This book will be of significant interest to those studying and researching biotechnology, plant breeding, genetic resources, intellectual property law and agricultural economics.
Author :
Publisher : IIED
ISBN 13 : 1843697726
Total Pages : 21 pages
Book Rating : 4.8/5 (436 download)
Download or read book Protecting Community Rights over Traditional Knowledge: Implications of customary laws and practices. Key findings and recommendations 2005-2009 written by and published by IIED. This book was released on with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280528831
Total Pages : 40 pages
Book Rating : 4.2/5 (85 download)
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.
Author : Wipo
Publisher : World Intellectual Property Organization
ISBN 13 : 9789280535600
Total Pages : 0 pages
Book Rating : 4.5/5 (356 download)
Download or read book Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. written by Wipo and published by World Intellectual Property Organization. This book was released on 2020-06-30 with total page 0 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.
Author : Graham Dutfield
Publisher : Routledge
ISBN 13 : 1136536280
Total Pages : 273 pages
Book Rating : 4.1/5 (365 download)
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.
Author : Sarah A. Laird
Publisher : Routledge
ISBN 13 : 1136534601
Total Pages : 537 pages
Book Rating : 4.1/5 (365 download)
Download or read book Biodiversity and Traditional Knowledge written by Sarah A. Laird and published by Routledge. This book was released on 2010-09-23 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Biodiversity research and prospecting are long-standing activities taking place in a new legal and ethical environment. Following entry into force of the Convention on Biological Diversity in 1993, and other recent policy developments, expectations and obligations for research and prospecting partnerships have changed. However, to date there are few guides to integrating these concepts with practice. This book offers practical guidance on how to arrive at equitable biodiversity research and prospecting partnerships. Drawing on experience and lessons learned from around the world, it provides case studies, analysis and recommendations in a range of areas that together form a new framework for creating equity in these partnerships. They include researcher codes of ethics, institutional policies, community research agreements, the design of more effective commercial partnerships and biodiversity prospecting contracts, the drafting and implementation of national 'access and benefit-sharing' laws, and institutional tools for the distribution of financial benefits. As part of the People and Plants initiative to enhance the role of communities in efforts to conserve biodiversity and use natural resources sustainably, Biodiversity and Traditional Knowledge will be invaluable to students, researchers and local communities, academic institutions, international agencies, government bodies and companies involved in biodiversity research, prospecting and conservation.
Author : Johanna Gibson
Publisher : Routledge
ISBN 13 : 1351950142
Total Pages : 376 pages
Book Rating : 4.3/5 (519 download)
Download or read book Community Resources written by Johanna Gibson and published by Routledge. This book was released on 2016-12-05 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.
