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Author: Darrell Addison Posey
Publisher: IDRC
ISBN: 088936799X
Category : Cultural property
Languages : en
Pages : 324
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Book Description
Cultural property, aboriginal people, ethnobiology, legal status, laws.
Author: Darrell Addison Posey
Publisher: IDRC
ISBN: 088936799X
Category : Cultural property
Languages : en
Pages : 324
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Book Description
Cultural property, aboriginal people, ethnobiology, legal status, laws.
Author: Darrell Addison Posey
Publisher:
ISBN:
Category : Nature
Languages : en
Pages : 254
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Book Description
Author: Tania Bubela
Publisher: Edward Elgar Publishing
ISBN: 1781002622
Category : Science
Languages : en
Pages : 393
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Book Description
This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to the Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests – through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada – that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policymakers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource.
Author: Susette Biber-Klemm
Publisher: CABI
ISBN: 1845930045
Category : Nature
Languages : en
Pages : 434
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Book Description
This book discusses the means, instruments and institutions to create incentives to promote conservation and sustainable use of traditional knowledge and plant genetic resources for food and agriculture, in the framework of the world trade order. It approaches these topics on a broad basis: it analyses in depth the option to create specific sui generis intellectual property rights of the TRIPS Agreement. It then discusses the ways to support the maintenance of information which cannot be allocated to specific authors, and examines alternative concepts within the trade of traditionally generated information and related products. This book will be of significant interest to those studying and researching biotechnology, plant breeding, genetic resources, intellectual property law and agricultural economics.
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: Marianne O. Nielsen
Publisher: University of Arizona Press
ISBN: 0816540411
Category : Social Science
Languages : en
Pages : 225
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Book Description
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Author: Rachel Wynberg
Publisher: Springer Science & Business Media
ISBN: 9048131235
Category : Law
Languages : en
Pages : 375
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Book Description
Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.
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: 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.
Author: Tobias Kiene
Publisher: Waxmann Verlag
ISBN: 3830976038
Category :
Languages : en
Pages : 332
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Book Description
