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

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. PDF Author: Wipo
Publisher: World Intellectual Property Organization
ISBN: 9789280535600
Category :
Languages : en
Pages : 0

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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.

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

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. PDF Author: Wipo
Publisher: World Intellectual Property Organization
ISBN: 9789280535600
Category :
Languages : en
Pages : 0

Get Book Here

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.

Protecting Traditional Knowledge

Protecting Traditional Knowledge PDF Author: Daniel F. Robinson
Publisher: Routledge
ISBN: 1317354850
Category : Law
Languages : en
Pages : 408

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Book Description
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.

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property PDF Author: Paul Kuruk
Publisher: Edward Elgar Publishing
ISBN: 1785368486
Category : Law
Languages : en
Pages : 613

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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.

Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions/Expressions of Folklore

Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions/Expressions of Folklore PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280513273
Category : Law
Languages : en
Pages : 113

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Book Description
This publication is part of a series of background papers prepared by the World Intellectual Property Organization (WIPO) dealing with intellectual property issues in relation to genetic resources, traditional knowledge and traditional cultural expressions/ folklore. It is intended to provide a comprehensive analysis of the policy issues that arise in the debate over improved intellectual property protection of TCEs/folklore, as an information resource for policy makers, negotiators, legislators, indigenous and traditional communities, users of traditional cultural expressions/folklore, researchers and others interested in exploring these issues in detail.

Indigenous Heritage and Intellectual Property

Indigenous Heritage and Intellectual Property PDF Author: Silke von Lewinski
Publisher: Kluwer Law International B.V.
ISBN: 9041124926
Category : Law
Languages : en
Pages : 564

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Book Description
For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.

Documenting Traditional Knowledge – A Toolkit

Documenting Traditional Knowledge – A Toolkit PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280528831
Category : Law
Languages : en
Pages : 40

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Book Description
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.

Intellectual Property at the Edge

Intellectual Property at the Edge PDF Author: Rochelle Cooper Dreyfuss
Publisher: Cambridge University Press
ISBN: 1107034000
Category : Law
Languages : en
Pages : 491

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Book Description
Intellectual Property at the Edge exposes and analyses newly emerging intellectual property rights and limitations from historical and comparative law perspectives.

Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Intellectual Property and Traditional Cultural Expressions in a Digital Environment PDF Author: Christoph Beat Graber
Publisher: Edward Elgar Publishing
ISBN: 1848443919
Category : Law
Languages : en
Pages : 345

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Book Description
This book is a very significant contribution to the question of protecting traditional cultural expressions. . . It is filled with fascinating ideas and perspectives that challenge the reader to rethink the law once again. Jamil Ammar, European Intellectual Property Review Legal protection for traditional cultural expressions is an area of contemporary policy making characterized by widespread concern and considerable controversy. Intellectual property scholars have a dire need for informed perspectives on the history of this subject area and the lucid commentary on its social and political implications that the authors of these cogent interdisciplinary essays provide. This impressive volume promises to be quickly acknowledged as an indispensable guide to the issues in this field. Rosemary J. Coombe, York University, Canada The first wave of scholarship on cultural appropriation was often better at denunciation than at grappling with the complexities of cultural heritage and its protection. Intellectual Property and Traditional Cultural Expressions in a Digital Environment launches a second wave: nuanced, interdisciplinary, looking past accusation toward flexible solutions. For all that, it is no less committed to social justice. By bringing together leading-edge scholarship from law, the arts, communications, anthropology, history, and philosophy, the editors have taken research on heritage protection to the next level of sophistication. Michael F. Brown, Williams College, US and author of Who Owns Native Culture? In the face of increasing globalisation, and a collision between global communication systems and local traditions, this book offers innovative trans-disciplinary analyses of the value of traditional cultural expressions (TCE) and suggests appropriate protection mechanisms for them. It combines approaches from history, philosophy, anthropology, sociology and law, and charts previously untravelled paths for developing new policy tools and legal designs that go beyond conventional copyright models. Its authors extend their reflections to a consideration of the specific features of the digital environment, which, despite enhancing the risks of misappropriation of traditional knowledge and creativity, may equally offer new opportunities for revitalising indigenous peoples values and provide for the sustainability of TCE. This book will appeal to scholars interested in multidisciplinary analyses of the fragmentation of international law in the field of intellectual property and traditional cultural expressions. It will also be valuable reading for those working on broader governance and human rights issues.

Intellectual Property and Traditional Cultural Expressions/folklore

Intellectual Property and Traditional Cultural Expressions/folklore PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 928051363X
Category : Law
Languages : en
Pages : 26

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

The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore PDF Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 4

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Book Description
This Brief provides background information on the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC).