Beyond Intellectual Property PDF Download

Author: Darrell Addison Posey
Publisher: IDRC
ISBN: 088936799X
Category : Cultural property
Languages : en
Pages : 324

View

Book Description
Cultural property, aboriginal people, ethnobiology, legal status, laws.

Author: Darrell Addison Posey
Publisher:
ISBN:
Category : Nature
Languages : en
Pages : 254

View

Book Description

Author: Tania Bubela
Publisher: Edward Elgar Publishing
ISBN: 1781002622
Category : Science
Languages : en
Pages : 393

View

Book Description
This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to the Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing. Because traditional knowledge was understood in early negotiations to be subject to a property rights framework, these often became bogged down due to differing views on the rights involved. New models, developed around the notion of distributive justice and self-determination, are now gaining favor. This book suggests – through a discussion of theory and contemporary case studies from Brazil, India, Kenya and Canada – that a focus on distributive justice best advances the interests of indigenous peoples while also fostering scientific innovation in both developed and developing countries. Comprehensive as well as nuanced, Genetic Resources and Traditional Knowledge will be of great interest to scholars and students of law, political science, anthropology and geography. National and international policymakers and those interested in the environment, indigenous peoples' rights and innovation will find the book an enlightening resource.

Author: Marianne O. Nielsen
Publisher: University of Arizona Press
ISBN: 0816540411
Category : Social Science
Languages : en
Pages : 225

View

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.

Author: Tamatoa Bambridge
Publisher: ANU Press
ISBN: 1925022919
Category : Law
Languages : en
Pages : 283

View

Book Description
This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.

Author: Melissa K. Nelson
Publisher: Cambridge University Press
ISBN: 1108428568
Category : History
Languages : en
Pages : 291

View

Book Description
Provides an overview of Native American philosophies, practices, and case studies and demonstrates how Traditional Ecological Knowledge provides insights into the sustainability movement.

Author: Chidi Oguamanam
Publisher: University of Toronto Press
ISBN: 0802039022
Category : Law
Languages : en
Pages : 377

View

Book Description
Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.

Author: Anindya Bhukta
Publisher: Emerald Group Publishing
ISBN: 1800430639
Category : Law
Languages : en
Pages : 193

View

Book Description
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.

Author: Rachel Wynberg
Publisher: Springer Science & Business Media
ISBN: 9048131235
Category : Law
Languages : en
Pages : 375

View

Book Description
Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications for national policies, anthropologists grapple with the commodification of knowledge and, uniquely, case experts from Asia, Australia and North America bring their collective expertise and experiences to bear on the San-Hoodia case.

Author: Charles R. Menzies
Publisher: U of Nebraska Press
ISBN: 0803207352
Category : Education
Languages : en
Pages : 281

View

Book Description
Traditional Ecological Knowledge and Natural Resource Management examines how traditional ecological knowledge (TEK) is taught and practiced today among Native communities. Of special interest is the complex relationship between indigenous ecological practices and other ways of interacting with the environment, particularly regional and national programs of natural resource management. Focusing primarily on the northwest coast of North America, scholars look at the challenges and opportunities confronting the local practice of indigenous ecological knowledge in a range of communities, including the Tsimshian, the Nisga’a, the Tlingit, the Gitksan, the Kwagult, the Sto:lo, and the northern Dene in the Yukon. The experts consider how traditional knowledge is taught and learned and address the cultural importance of different subsistence practices using natural elements such as seaweed (Gitga’a), pine mushrooms (Tsimshian), and salmon (Tlingit). Several contributors discuss the extent to which national and regional programs of resource management need to include models of TEK in their planning and execution. This volume highlights the different ways of seeing and engaging with the natural world and underscores the need to acknowledge and honor the ways that indigenous peoples have done so for generations.