Intellectual Property Rights and the Protection of Traditional Knowledge

Intellectual Property Rights and the Protection of Traditional Knowledge

Author: Dewani, Nisha Dhanraj

Publisher: IGI Global

Published: 2019-12-27

Total Pages: 296

ISBN-13: 1799818373

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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.


Legal Protection for Traditional Knowledge

Legal Protection for Traditional Knowledge

Author: Anindya Bhukta

Publisher: Emerald Group Publishing

Published: 2020-06-18

Total Pages: 193

ISBN-13: 1800430639

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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.


Protecting Traditional Knowledge

Protecting Traditional Knowledge

Author: Evana Wright

Publisher: Edward Elgar Publishing

Published: 2020-03-28

Total Pages: 288

ISBN-13: 1788978854

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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.


Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions.

Author: Wipo

Publisher: World Intellectual Property Organization

Published: 2020-06-30

Total Pages: 0

ISBN-13: 9789280535600

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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.


Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Author: Paul Kuruk

Publisher: Edward Elgar Publishing

Published: 2020-03-28

Total Pages: 613

ISBN-13: 1785368486

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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.


Intellectual Property, Traditional Knowledge and Cultural Property Protection

Intellectual Property, Traditional Knowledge and Cultural Property Protection

Author: Sharon B. Le Gall

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9780415640428

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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.


Protecting Traditional Knowledge

Protecting Traditional Knowledge

Author: Daniel F. Robinson

Publisher: Routledge

Published: 2017-07-14

Total Pages: 408

ISBN-13: 1317354850

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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 at the Edge

Intellectual Property at the Edge

Author: Rochelle Cooper Dreyfuss

Publisher: Cambridge University Press

Published: 2014-06-19

Total Pages: 491

ISBN-13: 1139916416

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Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.