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.


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.


Documenting Traditional Knowledge – A Toolkit

Documenting Traditional Knowledge – A Toolkit

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2017-12-08

Total Pages: 40

ISBN-13: 9280528831

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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.


Legal Protection for Traditional Knowledge

Legal Protection for Traditional Knowledge

Author: Anindya Bhukta

Publisher: Emerald Group Publishing

Published: 2020-06-18

Total Pages: 122

ISBN-13: 1800430655

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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.


Intellectual Property and Traditional Cultural Expressions

Intellectual Property and Traditional Cultural Expressions

Author: Daphne Zografos

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 259

ISBN-13: 1849806330

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'This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.' Peter Drahos, Australian National University This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights. Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and 'origin related' intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries. Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.


Intellectual Property and Traditional Knowledge

Intellectual Property and Traditional Knowledge

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2005

Total Pages: 36

ISBN-13: 9280513664

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This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.


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.


Intellectual Property and Traditional Knowledge in the Global Economy

Intellectual Property and Traditional Knowledge in the Global Economy

Author: Teshager W. Dagne

Publisher: Routledge

Published: 2014-09-04

Total Pages: 228

ISBN-13: 1317701917

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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.


International Law and Indigenous Knowledge

International Law and Indigenous Knowledge

Author: Chidi Oguamanam

Publisher: University of Toronto Press

Published: 2006-01-01

Total Pages: 377

ISBN-13: 0802039022

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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.


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.