Download or read book Biodiversity Traditional Knowledge and Rights of Indigenous Peoples written by Victoria Tauli-Corpuz and published by . This book was released on 2003 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Genetic Resources and Traditional Knowledge written by Tania Bubela and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Law and Indigenous Knowledge written by Chidi Oguamanam and published by University of Toronto Press. This book was released on 2006-01-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.
Download or read book Protecting Traditional Knowledge written by Evana Wright and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protecting Traditional Knowledge examines 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.
Download or read book Protecting Traditional Knowledge written by Daniel F. Robinson and published by Taylor & Francis. This book was released on 2017-07-14 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive review of the Intergovernmental Committee (IGC) of the World Intellectual Property Organization (WIPO) established in 2000. It provides an in-depth consideration of the key thematic areas within WIPO discussions – genetic resources (GRs), traditional knowledge (TK) and traditional cultural expressions (TCEs) through the perspectives of a broad range of experts and stakeholders, including indigenous peoples and local communities. It also looks at how these areas have been treated in a number of forums and settings (including national systems and experiences, and also in trade agreements) and the interface with WIPO discussions. Furthermore, the book analyses the process and the negotiation dynamics since the IGC received a mandate from WIPO members, in 2009, to undertake formal text-based negotiations towards legal instruments for the protection of GR, TK and TCEs. While there has been some progress in these negotiations, important disagreements persist. If these are to be resolved, the adoption of these legal instruments would be a significant development towards resolving key gaps in the modern intellectual property system. In this regard, the book considers the future of the IGC and suggests options which could contribute towards achieving a consensual outcome.
Download or read book Indigenous Heritage and Intellectual Property written by Silke von Lewinski and published by Kluwer Law International B.V.. This book was released on 2008-03-28 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Download or read book Biocultural Rights Indigenous Peoples and Local Communities written by Fabien Girard and published by Routledge. This book was released on 2022-04-18 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a comprehensive overview of biocultural rights, examining how we can promote the role of indigenous peoples and local communities as environmental stewards and how we can ensure that their ways of life are protected. With Biocultural Community Protocols (BCPs) or Community Protocols (CPs) being increasingly seen as a powerful way of tackling this immense challenge, this book investigates these new instruments and considers the lessons that can be learnt about the situation of indigenous peoples and local communities. It opens with theoretical insights which provide the reader with foundational concepts such as biocultural diversity, biocultural rights and community rule-making. In Part Two, the book moves on to community protocols within the Access Benefit Sharing (ABS) context, while taking a glimpse into the nature and role of community protocols beyond issues of access to genetic resources and traditional knowledge. A thorough review of specific cases drawn from field-based research around the world is presented in this part. Comprehensive chapters also explore the negotiation process and raise stimulating questions about the role of international brokers and organizations and the way they can use BCPs/CPs as disciplinary tools for national and regional planning or to serve powerful institutional interests. Finally, the third part of the book considers whether BCPs/CPs, notably through their emphasis on "stewardship of nature" and "tradition", can be seen as problematic arrangements that constrain indigenous peoples within the Western imagination, without any hope of them reconstructing their identities according to their own visions, or whether they can be seen as political tools and representational strategies used by indigenous peoples in their struggle for greater rights to their land, territories and resources, and for more political space. This volume will be of great interest to students and scholars of environmental law, indigenous peoples, biodiversity conservation and environmental anthropology. It will also be of great use to professionals and policymakers involved in environmental management and the protection of indigenous rights. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license
Download or read book Beyond Intellectual Property written by Darrell Addison Posey and published by IDRC. This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural property, aboriginal people, ethnobiology, legal status, laws.
Download or read book Valuing Local Knowledge written by Stephen B. Brush and published by . This book was released on 1996 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.
Download or read book The Protection of Traditional Indigenous Knowledge by Intellectual Property Law written by Julia Honds and published by GRIN Verlag. This book was released on 2008-04 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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), 47 entries in the bibliography, 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.
Download or read book Traditional Resource Rights written by Darrell Addison Posey and published by . This book was released on 1996 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Biodiversity Conservation Indigenous Knowledge and practices A Naga Perspective written by Martemjen and published by Notion Press. This book was released on 2017-08-24 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conservationist has been contemptuous of Indigenous peoples and their knowledge. As such, all the modern polices, acts and laws in biodiversity conservation intends to follow a “top down” approach, where decisions to be enacted upon the local people, their land, biodiversity, forest etc are done at the top level without the local peoples consent, which ultimately leads to conflict. As such, the author through this book advocates for the implementation of two pronged policy i.e., “bottom up and top down” approach for a practical and effective biodiversity conservation. While the conservationist, environmentalist and policy makers view the forested lands as the last resort for biodiversity conservation, to the local people it is their only source of livelihood. The author draws attention on the Naga indigenous knowledge system in the light of United Nations Convention on Biological Diversity (UNCBD), through which they were able to sustainable manage and conserve their biodiversity while obtaining their livelihood from the same. This book will help discover a deeper measure and value of the Naga indigenous knowledge system and will act as a resourceful material to students, researchers, activist and local people in their quest to comprehend the important dynamics of biodiversity conservation and indigenous knowledge. It will also serve as a valuable reference for indigenous peoples and policy makers all around the world who seeks to understand and implement indigenous knowledge systems in broader emerging biodiversity conservation policies and strategies.
Download or read book Indigenous Peoples Consent and Benefit Sharing written by Rachel Wynberg and published by Springer Science & Business Media. This book was released on 2009-09-30 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Customary Law and Traditional Knowledge written by World Intellectual Property Organization and published by WIPO. This book was released on 2023-11-10 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.
Download or read book Traditional Knowledge Genetic Resources Customary Law and Intellectual Property written by Paul Kuruk and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Indigenous Peoples and Sustainability written by IUCN Inter-Commission Task Force on Indigenous Peoples and published by [Gland, Switzerland?] : IUCN Indigenous Peoples and Conservation Initiative. This book was released on 1997 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples are responsible for most of the world's cultural and biological diversity. The primary purpose of this document is to alert the conservation and development communities to the value and importance of involving indigenous peoples in national and other strategies for sustainable development
