Patents as Protection of Traditional Medical Knowledge?

Patents as Protection of Traditional Medical Knowledge? PDF

Author: Petra Ebermann

Publisher: Intersentia NV

Published: 2012

Total Pages: 0

ISBN-13: 9781780680736

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The protection of traditional knowledge and the practices of local and indigenous groups have been discussed in various forums in recent times. International agreements - such as the Convention on Biological Diversity - address the importance of protecting traditional knowledge and practices, recognizing that this knowledge bears immense value in terms of its contribution to the conservation of biological diversity and its inputs to research and development in various fields. Experiences of the past - for example, the use of the Neem tree and the Turmeric plant - show that the benefits of traditional knowledge applications are allocated mainly to the follow-on developers and rarely to the original suppliers of the knowledge and practices. In the long term, this may result in restricted access to traditional knowledge to the detriment of social welfare. This book examines traditional knowledge protection in the area of traditional medical knowledge, which is often utilized in contemporary medicine and, consequently, is subject to patent protection. The book provides a comparative view of the current patent regimes in major economies - specifically the US and the EU - and the consequences of the application of these laws to traditional medical knowledge and follow-on innovation, as well as the impact on underlying economic principles and opposing interests. The economic analysis of law is used to evaluate the current situation by comparing the effects of adapted patent regimes to alternative liability regimes or contractual agreements. This comparative and interdisciplinary approach gives valuable insights and inputs for future discussion.

Legal Protection for Traditional Knowledge

Legal Protection for Traditional Knowledge PDF

Author: Anindya Bhukta

Publisher: Emerald Group Publishing

Published: 2020-06-18

Total Pages: 122

ISBN-13: 1800430655

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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.

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

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

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2020-07-08

Total Pages: 56

ISBN-13: 9280525875

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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 Rights and the Protection of Traditional Knowledge

Intellectual Property Rights and the Protection of Traditional Knowledge PDF

Author: Dewani, Nisha Dhanraj

Publisher: IGI Global

Published: 2019-12-27

Total Pages: 296

ISBN-13: 1799818373

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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.

Documenting Traditional Knowledge – A Toolkit

Documenting Traditional Knowledge – A Toolkit PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2017-12-08

Total Pages: 40

ISBN-13: 9280528831

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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.

Patenting Traditional Medicine

Patenting Traditional Medicine PDF

Author: Murray Lee Eiland

Publisher: Nomos Verlagsgesellschaft

Published: 2008

Total Pages: 0

ISBN-13: 9783832937669

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Terminology of traditional knowledge -- Patent protection -- Trips -- US patent system -- India -- Disclosure of origin -- Prospecting agreements -- Geographical indications -- Trademarks -- Trade secret protection -- China -- Flexibility of the patent system? -- Conclusion.

The Placebo Effect: International Patent Law and the Protection of Traditional Plant Medicine

The Placebo Effect: International Patent Law and the Protection of Traditional Plant Medicine PDF

Author:

Publisher:

Published: 2003

Total Pages:

ISBN-13:

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The underlying theme of this thesis is the systemic indifference that exists within international intellectual property law towards Indigenous traditional knowledge. In general, there appears to be a widening gap between the importance international law accords to matters of commercial interest and those of a social nature. Indigenous traditional knowledge of medicinal plants is especially disadvantaged in this dichotomous system since it is not only representative of enormous commercial profits but it is also the core of many Indigenous belief and social systems. The crystallization of international law's preoccupation with the effective protection of commercial interests came in the form of the Trade Related Intellectual Property Rights (TRIPS) agreement incorporated into the World Trade Organization (WTO). Two years previously, the Convention on Biological Diversity (CBD) was signed, reflecting international law's perceived dedication to sustainable development and became the first international treaty to address Indigenous traditional knowledge. These two pieces of international law are often seen as balancing the commercial and sustainable development needs of the international economy. Upon further examination however, one is left the impression that the idea of the CBD effectively and successfully defending the needs of sustainable development and Indigenous traditional knowledge against pressure to the contrary from TRIPS and the WTO is simplistic at best. The thesis also explore the role patent law plays in the creation of modern industries, such as the pharmaceutical industry, and how these industries are able, through the power gained via patent law, to influence national and especially international legislation. Equally, it deals with the role patents play in disempowering peoples with Indigenous traditional knowledge of medicinal plants leading to a situation where such knowledge is marginalized along with its bearers. The thesis addresses the instituti.

Intellectual Property and Traditional Knowledge

Intellectual Property and Traditional Knowledge PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2005

Total Pages: 36

ISBN-13: 9280513664

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