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Author: Daphne Zografos
Publisher: Edward Elgar Publishing
ISBN: 1849806330
Category : Law
Languages : en
Pages : 259
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Book Description
'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.
Author: Daphne Zografos
Publisher: Edward Elgar Publishing
ISBN: 1849806330
Category : Law
Languages : en
Pages : 259
Get Book Here
Book Description
'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.
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.
Author: Luo Li
Publisher: Springer Science & Business
ISBN: 3319045253
Category : Law
Languages : en
Pages : 253
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Book Description
The work reviews issues concerning the protection of folklore through the intellectual property legal system, then explores two main issues in the protection of Chinese folklore. The first issue is the influence of Chinese traditional culture on the Chinese intellectual property legal system and Chinese society. The second concerns the deficiencies of the Chinese intellectual property system with regard to folklore. Both issues are examined through a survey on the weak public recognition of intellectual property law and folklore in Chinese society. The book also reveals the practical issues that have arisen in Southwest China through case studies. After analysing these issues, the work designs a model law specifically for folklore and also provides suggestions for how the current intellectual property legal system could establish a comprehensive legal protection system for folklore. Furthermore, the work shows that its proposed model law is effective in practice by resolving the issues in the case studies presented.
Author: Enyinna Nwauche
Publisher: Springer
ISBN: 3319572318
Category : Law
Languages : en
Pages : 234
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Book Description
This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.
Author: Tzen Wong
Publisher: Cambridge University Press
ISBN: 113949001X
Category : Law
Languages : en
Pages : 449
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Book Description
This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280525875
Category : Law
Languages : en
Pages : 56
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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.
Author: Terri Janke
Publisher: WIPO
ISBN: 9280511890
Category : Law
Languages : en
Pages : 172
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Book Description
"The World Intellectual Property Organization (WIPO) published on Monday, March 15, 2004, a collection of practical case studies on the use of the intellectual property sytsem by indigenous communities of Australia. It was written for WIPO by Terri Janke, an Australian lawyer, and a descendant of the Meriam people of the Torres Strait Islands, Australia."--
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN: 9280520164
Category : Law
Languages : en
Pages : 126
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Book Description
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.
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.
Author: Anindya Bhukta
Publisher: Emerald Group Publishing
ISBN: 1800430639
Category : Law
Languages : en
Pages : 193
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Book Description
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.
