[PDF] Intellectual Property Traditional Knowledge And Biodiversity In The Global Economy eBook

Author : Teshager W. Dagne
Publisher : Routledge
Page : 228 pages
File Size : 11,2 MB
Release : 2014-09-04
Category : Law
ISBN : 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.

Author : Charles R. McManis
Publisher : Earthscan
Page : 521 pages
File Size : 42,8 MB
Release : 2012
Category : Law
ISBN : 1849770573

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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.

Author : Teshager Worku Dagne
Publisher :
Page : 1214 pages
File Size : 33,63 MB
Release : 2012
Category :
ISBN :

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ABSTRACT Cont'd. : Further, the case is made for the determination of immediate challenges and long-term opportunities in choosing a legal means for protecting GIs at the national level. In this connection, the thesis suggests that the potential of GIs to meet national and local imperatives to protect TK be assessed, inter alia, based on their instrumentality for economic, biodiversity, cultural and food security objectives in protecting TKBAPs.

Author : Graham Dutfield
Publisher : Routledge
Page : 273 pages
File Size : 18,97 MB
Release : 2010-09-23
Category : Law
ISBN : 1136536280

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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 : Johanna Gibson
Publisher : Routledge
Page : 376 pages
File Size : 15,5 MB
Release : 2016-12-05
Category : Law
ISBN : 1351950142

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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.

Author : Graham Dutfield
Publisher : Routledge
Page : 256 pages
File Size : 47,79 MB
Release : 2000-03
Category : Nature
ISBN : 1136533559

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It provides an account of how to integrate the requirements of the CBD into an equitable global IPR regime, taking into account ethical concerns, environmental and social impacts, technology transfer and traditional knowledge."--Jacket.

Author : Chidi Oguamanam
Publisher : University of Toronto Press
Page : 377 pages
File Size : 46,60 MB
Release : 2006-01-01
Category : Law
ISBN : 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.

Author : Ikechi Mgbeoji
Publisher : UBC Press
Page : 335 pages
File Size : 10,52 MB
Release : 2011-11-01
Category : Technology & Engineering
ISBN : 0774840250

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Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as "folk knowledge" or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.

Author : Jonathan Curci
Publisher : Cambridge University Press
Page : 361 pages
File Size : 27,97 MB
Release : 2010
Category : Law
ISBN : 0521199441

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Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.

Author : J. Michael Finger
Publisher : World Bank Publications
Page : 263 pages
File Size : 38,99 MB
Release : 2004-01-29
Category : Law
ISBN : 0821383698

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How can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills. Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here. The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.