Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property :
Kuruk, Paul
Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property : A Global Primer / Paul Kuruk - Cheltenham, UK Edward Elgar Publishing Limited 2020 - xviii, 489p. : ill. ; 24cm
It includes Index Pages.
Description:
This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas.
The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs.
Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge.
Table of Contents:
INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS 1. Terminology 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES 4. International Intellectual Property Law 5. Folklore, Cultural Heritage and Traditional Knowledge 6. Genetic Resources and Biodiversity Conservation 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES 8. Emerging Trends of Protection in Africa 9. Perspectives from the United States 10. Views from Oceania 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS 12. Complementary Laws and Policies 13. The Customary Law Option 14. Preventing Misappropriation: The Disclosure Requirement 15. Reciprocity and Mutual Recognition Agreements Index
9781785368479
Customary law; Intellectual property; Cultural property--Protection--Law and legislation; Germplasm resources--Law and legislation; Indigenous peoples--Legal status, laws, etc; Intellectual property (International law); Cultural property--Protection
346.048 KUR
Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property : A Global Primer / Paul Kuruk - Cheltenham, UK Edward Elgar Publishing Limited 2020 - xviii, 489p. : ill. ; 24cm
It includes Index Pages.
Description:
This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas.
The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs.
Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge.
Table of Contents:
INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS 1. Terminology 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES 4. International Intellectual Property Law 5. Folklore, Cultural Heritage and Traditional Knowledge 6. Genetic Resources and Biodiversity Conservation 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES 8. Emerging Trends of Protection in Africa 9. Perspectives from the United States 10. Views from Oceania 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS 12. Complementary Laws and Policies 13. The Customary Law Option 14. Preventing Misappropriation: The Disclosure Requirement 15. Reciprocity and Mutual Recognition Agreements Index
9781785368479
Customary law; Intellectual property; Cultural property--Protection--Law and legislation; Germplasm resources--Law and legislation; Indigenous peoples--Legal status, laws, etc; Intellectual property (International law); Cultural property--Protection
346.048 KUR