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Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : zh-CN
Pages : 4
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Book Description
This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.
Author: World Intellectual Property Organization
Publisher: WIPO
ISBN:
Category : Law
Languages : zh-CN
Pages : 4
Get Book Here
Book Description
This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.
Author: He Hong Mu Xiuping
Publisher:
ISBN: 9786169061151
Category : Customary law
Languages : en
Pages : 57
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Book Description
Author: Philip C. Huang
Publisher: Stanford University Press
ISBN: 0804741115
Category : Law
Languages : en
Pages : 261
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Book Description
What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.
Author:
Publisher: IIED
ISBN: 1843697726
Category :
Languages : en
Pages : 21
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Book Description
Author: Brendan Tobin
Publisher: Routledge
ISBN: 1317697545
Category : Law
Languages : en
Pages : 325
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Book Description
This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Author: Dewani, Nisha Dhanraj
Publisher: IGI Global
ISBN: 1799818373
Category : Law
Languages : en
Pages : 296
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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.
Author: Daniel F. Robinson
Publisher: Taylor & Francis
ISBN: 1317354869
Category : Law
Languages : en
Pages : 383
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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.
Author: Max WL Wong
Publisher: BRILL
ISBN: 9004712658
Category : Social Science
Languages : en
Pages : 205
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Book Description
In this book, Max WL Wong provides a new perspective on legal pluralism under the Qing dynasty (1644-1911) and provides an argument that in traditional Chinese legal culture the pluralistic normative orders were blended, in parallel with the established state legal system, to become a complexed administrative system exerting political and social control in Qing China. Specifically, he addresses these key questions. First, how were Chinese laws, and the quasi-legal norms that created a system of legal pluralism in Qing, reformed by the drive for legal modernization in the late Qing and Republican China as a response to the challenge of western laws? And second, how was the pluralistic structure of Chinese laws and norms in Qing China diffused and transplanted to Taiwan, Hong Kong and South East Asia in the form of ‘Chinese customary law’? Also, how was Chinese law subdued by the imposed legal systems of the colonisers, mainly Great Britain and Japan?
Author: Yun Zhao
Publisher: Cambridge University Press
ISBN: 110718200X
Category : Law
Languages : en
Pages : 327
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Book Description
A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.
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.
