The Protection of Traditional Knowledge at the Frontiers of Drug Discovery


Book Description

This book concerns the often fractious interface between drug discovery and commercialisation, environmental degradation, the biodiversity crisis, the exploitation of indigenous peoples and the destruction of their culture, the right to health, inequalities of power, and the ability of the law to protect knowledge. For millennia, medicinal plants have provided a trove of treatments for human ailments, and the key to that treasure has been the traditional knowledge of the indigenous peoples who have lived alongside these plants. More recently that knowledge has been taken, often without consent or recompense, by Western science as a springboard for the development of pharmaceutical agents. As a response to threats to biodiversity and indigenous culture, international mechanisms have created, or are creating, enforceable rights for indigenous peoples to control such knowledge. With a background in pharmacology and molecular biology and significant experience as a lawyer in pharmaceutical and biotech patent litigation, the author brings a fresh perspective to understanding the difficulties of enforcing such rights and, in particular, examines whether there is a philosophically justifiable limit to the downstream scope of such rights. This book is aimed at all those with an interest in the control of indigenous genetic knowledge and the protection of indigenous culture, whether academics, anthropologists or pharmaceutical researchers, and those seeking to make indigenous rights work, as activists, legislators or practising lawyers.




Transboundary Heritage and Intellectual Property Law


Book Description

Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.




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.




Politics of Intellectual Property


Book Description

We know much more about the global politics of intellectual property than we do about national political contests over the ownership of knowledge. Haunss and Shadlen have identified this gap in the literature and have done a fine job of bringing together a set of essays that helps to fill this gap in our understanding of the multi-layered nature of intellectual property politics. Peter Drahos, The Australian National University, Canberra This thought-provoking volume provides invaluable new insights and is a major contribution to the debate on the politics of intellectual property rights. Duncan Matthews, Queen Mary, University of London, UK This book offers empirical analyses of conflicts over the ownership, control, and use of knowledge and information in developed and developing countries. Sebastian Haunss and Kenneth C. Shadlen, along with a collection of eminent contributors, focus on how business organizations, farmers, social movements, legal communities, state officials, transnational enterprises, and international organizations shape IP policies in areas such as health, information-communication technologies, indigenous knowledge, genetic resources, and many others. The innovative and original chapters examine conflicts over the rules governing various dimensions of IP, including patents, copyrights, traditional knowledge, and biosafety regulations. Written from a political perspective, this book is a must-read for political scientists, sociologists and anthropologists who study IP and conflicts over property. It is also an essential read for stakeholders in institutions, NGOs and industry interested in knowledge governance and IP politics.




The SAGE Handbook of Intellectual Property


Book Description

This Handbook brings together scholars from around the world in addressing the global significance of, controversies over and alternatives to intellectual property (IP) today. It brings together over fifty of the leading authors in this field across the spectrum of academic disciplines, from law, economics, geography, sociology, politics and anthropology. This volume addresses the full spectrum of IP issues including copyright, patent, trademarks and trade secrets, as well as parallel rights and novel applications. In addition to addressing the role of IP in an increasingly information based and globalized economy and culture, it also challenges the utility and viability of IP today and addresses a range of alternative futures.




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.




Evergreening Patent Exclusivity in Pharmaceutical Products


Book Description

This book analyses 4 central pieces of EU pharmaceutical regulation: the Orphan Drugs Regulation, the Paediatric Regulation, the Supplementary Protection Certificate Regulation, and the ATMP (Advanced Therapy Medicinal Products) Regulation. These four regulatory instruments constitute focal points in the pharmaceutical industry's approach to modern business and legal strategy. Their central role is justified by the way these regulatory instruments interact with each other and with the patent system, and by the considerable impact they (as a whole) have for the evergreening of exclusive rights on pharmaceutical products. The book guides the reader through the latest case law and legislative developments and discusses how these influence strategic legal and business choices in the pharmaceutical industry. It brings to the forefront the often-overlooked significance of the legislative architecture of the EU pharmaceutical regulatory framework, and evaluates its results through the lens of the efficiency test. The book is an important resource for academics and practitioners interested in updated case law and an in-depth analysis of these four regulations. It is also important for those interested in legislative studies, evaluation of legislation and a critical approach to legislative architecture.







Art and Copyright


Book Description

First published in 2001, Art and Copyright has established itself as a leading text in the field. Revised and updated, this third edition includes additional coverage of the following topics: - The relationship between designs law and artistic works; - EU and Brexit developments; - AI-created works; - graffiti and other non-conventional works; - blockchain and rights management; - orphan works; - new exceptions to copyright; and - digital copyright, art databases and online platforms. This book remains an invaluable work for all those involved in art law and for intellectual property lawyers involved with the exploitation and/or sale of artistic works, as well as for intellectual property academics, researchers, law students, curators, publishers, artists, gallery owners, auction houses, and those developing and running online art platforms, databases and technology to transact in art.