Author: Publisher: IIED
ISBN: 1843697726
Category :
Languages : en
Pages : 21
Book Description
Protecting Community Rights over Traditional Knowledge: Implications of Customary Laws and Practices. Emerging case study findings and recommendations
Author: Protecting Community Rights over Traditional Knowledge: Implications of customary laws and practices. Key findings and recommendations 2005-2009
Author: Customary Law and Traditional Knowledge
Author: World Intellectual Property OrganizationPublisher: WIPO
ISBN:
Category : Law
Languages : en
Pages : 4
Book Description
This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.
Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property
Author: Paul KurukPublisher: Edward Elgar Publishing
ISBN: 1785368486
Category : Law
Languages : en
Pages : 582
Book Description
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.
Protecting Traditional Knowledge
Author: Evana WrightPublisher: Edward Elgar Publishing
ISBN: 9781788978842
Category : Biopiracy
Languages : en
Pages : 0
Book Description
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, National, and International Law and Indigenous Communities
Author: Marianne O. NielsenPublisher: University of Arizona Press
ISBN: 0816540411
Category : Social Science
Languages : en
Pages : 225
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.
Protecting and Promoting Traditional Knowledge
Author: Sophia TwarogPublisher:
ISBN:
Category : Cultural property
Languages : en
Pages : 428
Book Description
Consists of papers presented at a conference on traditional knowledge in 2000.
The protection of traditional indigenous knowledge by intellectual property law
Author: Julia HondsPublisher: GRIN Verlag
ISBN: 3638878929
Category : Law
Languages : en
Pages : 40
Book Description
Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington (Faculty of Law), language: English, abstract: Indigenous people often know a lot about the healing properties or other useful characteristics of their indigenous plants. This knowledge usually has been passed on within the indigenous community from generation to generation and is therefore regarded as traditional knowledge. This traditional knowledge is of great value for the pharmaceutical industry. Accordingly, it has been explored, used as the basis for subsequently patented in-ventions, and sometimes misappropriated by pharmaceutical companies from the “developed” world. This essay seeks to provide an overview of the problems and issues that arise where traditional knowl-edge meets the “Western” intellectual property regime. The questions that are sought to be answered are: Why should traditional knowledge be protected as intellectual property and how could this be done? Many approaches have been made, both on an international and a national level. Several of these solutions will be presented and discussed in this essay. It will be seen that already existing intellectual property rights are not suitable for the protection of traditional knowledge. Compared with this, the implementation of safeguards within patent applica-tion proceedings seems to be more appropriate and effective. However, this approach turns out to be not com-prehensive enough. Therefore, this essay recommends the protection of traditional knowledge by an intellectual property right sui generis, specially designed for that purpose. This solution is favourable because it is the most complete one, is able to address all issues in an appropriate way, and can strike a balance between the involved conflicting interests.
Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters
Author: Brendan TobinPublisher: Routledge
ISBN: 1317697545
Category : Law
Languages : en
Pages : 325
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.
Traditional Customary Laws and Indigenous Peoples in Asia
Author: Devasish Roy (Raja.)Publisher: Sterling/Main Street
ISBN:
Category : History
Languages : en
Pages : 42
Book Description