Protecting Traditional Knowledge

Protecting Traditional Knowledge PDF

Author: Evana Wright

Publisher: Edward Elgar Publishing

Published: 2020

Total Pages: 0

ISBN-13: 9781788978842

DOWNLOAD EBOOK →

Protecting Traditional Knowledgeexamines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples' rights to self-determination. Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generisregime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice. This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.

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

Published: 2020-03-28

Total Pages: 582

ISBN-13: 1785368486

DOWNLOAD EBOOK →

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.

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

DOWNLOAD EBOOK →

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.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters PDF

Author: Brendan Tobin

Publisher: Routledge

Published: 2014-08-27

Total Pages: 361

ISBN-13: 1317697537

DOWNLOAD EBOOK →

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.

The Complementarity Between the Nagoya Protocol and Human Rights

The Complementarity Between the Nagoya Protocol and Human Rights PDF

Author: Xiaoou Zheng

Publisher: Springer Nature

Published: 2023-08-15

Total Pages: 187

ISBN-13: 981993513X

DOWNLOAD EBOOK →

This book studies the questions of how and to what extent the Nagoya Protocol on Access and Benefit-Sharing (ABS) can be interpreted and implemented in light of international human rights law, with a sharpened focus on Indigenous Peoples and local communities. The complementarity thesis is built upon the understanding that ABS and human rights should not and cannot be isolated from one another in order to achieve their respective objectives. A mutually supportive approach to these two bodies of international law is articulated throughout the chapters, covering a wide range of international treaties and ‘soft’ instruments, as well as the practices of the United Nations, international treaty bodies, courts, other international organizations and sometimes NGOs. Legal researchers, legislators and policymakers, human rights practitioners and indeed anyone interested in the development of a more coherent and integrated system of international ABS framework will find this book helpful, with its succinct coverage of current ABS and human rights laws and practices, their pragmatic implications and possible ways of integration forward.

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

DOWNLOAD EBOOK →

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 and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives

Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2010

Total Pages: 126

ISBN-13: 9280520164

DOWNLOAD EBOOK →

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.

Traditional Knowledge in Policy and Practice

Traditional Knowledge in Policy and Practice PDF

Author: Suneetha M. Subramanian

Publisher:

Published: 2010

Total Pages: 408

ISBN-13:

DOWNLOAD EBOOK →

Traditional knowledge (TK) has contributed immensely to shaping development and human well-being. Its influence spans a variety of sectors, including agriculture, health, education and governance. However, in today's world, TK and its practitioners are increasingly underrpresented or under-utilized. Further, while the applicability of TK to human and environmental welfare is well-recognized, collated information on how TK contributes to different sectors is not easily accessible. --