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The objective of this study is to identify and explore the role of intellectual property rights in sharing the benefits arising from the use of biological resources and associated traditional knowledge. It was commissioned in response to Decision IV/9 of the Conference of the Parties to the Conventional on Biological Diversity, and highlights the need, when genetic resources are first accessed, for a understanding of intellectual property issues, as they relate to traditional knowledge of biological resources.
This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.
2020 marks the 50th year of the coming into force of the World Intellectual Property Organization (WIPO) Convention 1967 and the formal establishment of WIPO. This unique and wide-ranging Research Handbook brings together eminent scholars and experts who assess WIPO's role and programmes during its first half-century, as well as discussing the challenges facing the organization as it enters its second.
Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.
The present book “Biodiversity, Traditional Knowledge and Intellectual Property Rights“ elaborates principles of biodiversity right from definitions and concepts to strategies for conservation of biodiversity. It also explains the roles and functions of international organizations like CBD in biodiversity conservation. The unique feature of this book is it connects biodiversity, traditional knowledge and intellectual property rights. Different aspects of biodiversity related traditional knowledge and international initiatives undertaken to protect the rights of traditional knowledge holders are discussed.
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.
This important Research Handbook offers a comprehensive analysis of the intersections between intellectual property (IP) and cultural heritage law. It explores and compares how both have evolved and sometimes converged over time, how they increased tremendously in significance, as well as in economic value, despite the fact that the former mainly pertains to the private sphere, whilst the latter is considered a ‘common good’.
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.
'Humanity has been gambling for generations with the extent to which it can degrade nature and continue to prosper. Now the environmental debt is being called in and the ability of international diplomacy and law, government policy and political will to deal with the issues is being tested. Conservation, Biodiversity and International Law is a must read for any practitioner in the high-stakes business of restoring our ability to live in harmony with the natural world that sustains us.' – Alastair Morrison, Department of Conservation, New Zealand 'Biodiversity is the cornerstone of life – our plants, animals, and ecosystems are essential for livelihoods and have shaped our culture and traditions around the world. However our precious biodiversity is at risk as never before. Global targets to reduce biodiversity loss have not been met and we continue to lose biodiversity at an unprecedented rate. In fact we are currently in the middle of an extinction crisis and scientists have advised that one species from our planet is being lost every 38 minutes! The nature of this crisis and the actions taken to address it are clearly and articulately put forward in this landmark book by Professor Al Gillespie. This book is particularly useful in documenting the many policy and legal actions that have been taken to address these issues, and how the application of these instruments can be improved. Although focused on the law, the book covers a range of disciplines including science, philosophy and policy which lay the foundation for international law. This book makes a major and highly valued contribution to the disciple of environmental law and policy and is an invaluable reference for policy makers, practitioners and academic audiences.' – David Sheppard, CEO of the Secretariat of the Pacific Regional Environment Programme (SPREP) 'This book is written by a prominent and influential scholar who also has the benefit of first hand knowledge of practical working of environmental regimes, having participated in several important negotiations. Gillespie's monograph therefore stands out among other publications on the subject of conservation, combining thoughtful and scholarly approach to issues raised with un-parallel insights into the working of environmental law and the conservation of biodiversity. The book is very original in its presentation of this subject, especially in the selection of topics and the approach which is not only legal but also scientific, philosophical and political. This book is evidence of the great erudition of the author not only in the field of conservation but also in international environmental law and general international law, an example of which can be his analysis of the precautionary principle, trade and a very complex issue of the exception for indigenous peoples and science. Mention also must be made of his detailed approach to various multilateral treaty regimes such as Ramsar Convention and the World Heritage Convention. Gillespie wrote an exceptional book which is a must for international layers, both practitioners and scholars. It is a thought-provoking, very well researched and original monograph, which due to its all- encompassing approach will retain its importance for a very long period of time.' – Malgosia Fitzmaurice, Queen Mary, University of London, UK 'A major work: this book provides a comprehensive picture of the international legal challenges of natural heritage conservation. Truly an indispensable tool for policy-makers, experts and students. The book offers a complete guide to the complex world of treaties that regulate conservation at the global scale.' – Francesco Bandarin, UNESCO Assistant Director-General for Culture This important and timely book provides a rigorous overview of the defining issues presently facing conservation at international level. The author provides detailed coverage of topics ranging from the classification of species right through to access and benefit sharing, drawing on his personal experience at intergovernmental level. Each question is examined through the prism of dozens of treaties and hundreds of decisions and resolutions of the key multilateral regimes, and the law in each area is supplemented by the necessary considerations of science politics and philosophy – providing much-needed context for the reader. Combining expert scholarship and first-hand insight, Conservation, Biodiversity and International Law will be an invaluable resource for researchers and practitioners in international environmental law, as well as providing an accessible guide for students.