International Law and Indigenous Knowledge


Book Description

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.




Biodiversity and the Law


Book Description

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.







Traditional Knowledge and Intellectual Property


Book Description

This handbook is designed to make intellectual property protection issues and options more understandable to traditional knowledge holders and human rights organizations and legal professionals working with local and indigenous communities.




Intellectual Property Rights, Trade and Biodiversity


Book Description

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.




Intellectual Property Rights and the Protection of Traditional Knowledge


Book Description

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.


Book Description

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.




Reclaiming the Commons


Book Description

Authored by world renowned activist and environmental leader Vandana Shiva, Reclaiming the Commons presents the history of the struggle to defend biodiversity and traditional practices against corporate biopiracy and details efforts to realize legal rights for Mother Earth and achieve the vision of the universal commons and Earth as Family.




Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property


Book Description

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.




Biodiversity and Traditional Knowledge


Book Description

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.




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