Download or read book Patents as Protection of Traditional Medical Knowledge written by Petra Ebermann and published by Intersentia NV. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of traditional knowledge and the practices of local and indigenous groups have been discussed in various forums in recent times. International agreements - such as the Convention on Biological Diversity - address the importance of protecting traditional knowledge and practices, recognizing that this knowledge bears immense value in terms of its contribution to the conservation of biological diversity and its inputs to research and development in various fields. Experiences of the past - for example, the use of the Neem tree and the Turmeric plant - show that the benefits of traditional knowledge applications are allocated mainly to the follow-on developers and rarely to the original suppliers of the knowledge and practices. In the long term, this may result in restricted access to traditional knowledge to the detriment of social welfare. This book examines traditional knowledge protection in the area of traditional medical knowledge, which is often utilized in contemporary medicine and, consequently, is subject to patent protection. The book provides a comparative view of the current patent regimes in major economies - specifically the US and the EU - and the consequences of the application of these laws to traditional medical knowledge and follow-on innovation, as well as the impact on underlying economic principles and opposing interests. The economic analysis of law is used to evaluate the current situation by comparing the effects of adapted patent regimes to alternative liability regimes or contractual agreements. This comparative and interdisciplinary approach gives valuable insights and inputs for future discussion.
Download or read book Intellectual Property and Traditional Medical Knowledge written by World Intellectual Property Organization and published by WIPO. This book was released on 2016 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief introduces different options on intellectual property protection of traditional medical knowledge.
Download or read book The Legal Protection of Traditional Knowledge in the Pharmaceutical Field written by Tobias Kiene and published by Waxmann Verlag. This book was released on 2009 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patenting Traditional Medicine written by Murray Lee Eiland and published by Nomos Verlagsgesellschaft. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terminology of traditional knowledge -- Patent protection -- Trips -- US patent system -- India -- Disclosure of origin -- Prospecting agreements -- Geographical indications -- Trademarks -- Trade secret protection -- China -- Flexibility of the patent system? -- Conclusion.
Download or read book Intellectual Property and Genetic Resources Traditional Knowledge and Traditional Cultural Expressions written by World Intellectual Property Organization and published by WIPO. This book was released on 2020-07-08 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.
Download or read book Intellectual Property Rights and the Protection of Traditional Knowledge written by Dewani, Nisha Dhanraj and published by IGI Global. This book was released on 2019-12-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Placebo Effect International Patent Law and the Protection of Traditional Plant Medicine written by and published by . This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The underlying theme of this thesis is the systemic indifference that exists within international intellectual property law towards Indigenous traditional knowledge. In general, there appears to be a widening gap between the importance international law accords to matters of commercial interest and those of a social nature. Indigenous traditional knowledge of medicinal plants is especially disadvantaged in this dichotomous system since it is not only representative of enormous commercial profits but it is also the core of many Indigenous belief and social systems. The crystallization of international law's preoccupation with the effective protection of commercial interests came in the form of the Trade Related Intellectual Property Rights (TRIPS) agreement incorporated into the World Trade Organization (WTO). Two years previously, the Convention on Biological Diversity (CBD) was signed, reflecting international law's perceived dedication to sustainable development and became the first international treaty to address Indigenous traditional knowledge. These two pieces of international law are often seen as balancing the commercial and sustainable development needs of the international economy. Upon further examination however, one is left the impression that the idea of the CBD effectively and successfully defending the needs of sustainable development and Indigenous traditional knowledge against pressure to the contrary from TRIPS and the WTO is simplistic at best. The thesis also explore the role patent law plays in the creation of modern industries, such as the pharmaceutical industry, and how these industries are able, through the power gained via patent law, to influence national and especially international legislation. Equally, it deals with the role patents play in disempowering peoples with Indigenous traditional knowledge of medicinal plants leading to a situation where such knowledge is marginalized along with its bearers. The thesis addresses the instituti.
Download or read book Documenting Traditional Knowledge A Toolkit written by World Intellectual Property Organization and published by WIPO. This book was released on 2017-12-08 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing interest in documenting the wealth of traditional knowledge (TK) that has been developed by indigenous peoples and local communities around the world. But documenting TK can raise important issues, especially as regards intellectual property. This Toolkit presents a range of easy-to-use checklists and other resources to help ensure that anyone considering a documentation project can address those issues effectively.
Download or read book Legal Protection for Traditional Knowledge written by Anindya Bhukta and published by Emerald Group Publishing. This book was released on 2020-06-18 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Placebo Effect written by Konstantia Koutouki and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property and Traditional Knowledge written by World Intellectual Property Organization and published by WIPO. This book was released on 2005 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one of a series of Booklets dealing with intellectual property and genetic resources, traditional knowledge and traditional cultural expressions/folklore.
Download or read book Global Biopiracy written by Ikechi Mgbeoji and published by UBC Press. This book was released on 2011-11-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as "folk knowledge" or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.
Download or read book Traditional Knowledge written by Tabrez Ahmad and published by . This book was released on 2014 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional knowledge has always been an easily available treasure and thus has been subjected to misappropriation. Intellectual Property Rights are one of the sites which represent the encounter between indigenous knowledge and modern scientific knowledge. The researchers in this paper try to highlight that TRIPS does not acknowledge traditional knowledge and neither has it made reference to the protection. TRIPS agreement provides for sui generis system and the part of the rationale behind the sui generis provision is that the claims of indigenous knowledge holders are based on completely different socio cultural norms, therefore, a system that is unique and rooted in local specificities should be used for the protection of indigenous knowledge. The problem of sui generis model is lack of proper system of benefit sharing and inclusion of traditional knowledge as in IP instruments of TRIPS. Possession is the most important basis to claim for IPR protection, thus the paper tries to portray that Traditional Knowledge is common knowledge and a product of collective experience without an individual act of creation; therefore it gets precluded from getting protection under IPR regimes. This paper brings to light the grant of patents on non-original innovations, which are based on what is already a part of the traditional knowledge of the developing world have been causing a great concern to the developing world. It further talks about the real challenge to Patent by Traditional knowledge are lack of complete data bases and availability to all the patent offices in the world. Another prime reason which the researchers think why Traditional knowledge is facing challenges in the patent as the locus of ownership cannot be clearly identified for knowledge systems that are essentially inter generational and products of communal endeavor. Traditional knowledge often falls short of requirement of non obvious or novel as it is often orally transmitted evolves gradually the prime ambit on being to respond to changing ecology and needs. These barriers have kept the traditional societies outside the 'loop' of the Patent protection. The researchers further in this paper intend to highlight the steps taken by Indian Government to curb the menace of biopiracy and biomedicines.
Download or read book Intellectual Property Medicine and Health written by Johanna Gibson and published by Routledge. This book was released on 2017-05-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property, Medicine and Health examines critical issues and debates including access to knowledge and medicinal products, human rights and development, innovations in life technologies and the possibility for ethical frameworks for intellectual property law and its application in public health. The central question of trust and the beneficial interests of society in the use of products of intellectual property, particularly in the fulfillment of the right to access medicinal products, emerge as key to achieving meaningful access to knowledge in health and medicine and the realization of relevant and equitable use of the benefits of scientific research in all societies.
Download or read book A Legal Placebo written by Konstantia Koutouki and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The basic theory underlining this article is that Indigenous traditional knowledge of medicinal plants should not be brought under the auspices of international intellectual patent law. Given the unlikelihood that the international intellectual property community will modify international patent law so that Indigenous traditional knowledge can be protected under patent law as an equal but alternative science, only parts of Indigenous traditional knowledge of medicinal plants that pass the current patentability test and have significant commercial potential would receive protection. This, in conjunction with the sovereign status of the state in international law, makes international intellectual property law an unsatisfactory candidate for the protection of Indigenous traditional knowledge of medicinal plants and the holders of this knowledge.
Download or read book Patent Law and Intellectual Property in the Medical Field written by Aggarwal, Rashmi and published by IGI Global. This book was released on 2017-06-30 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing presence of technology has created significant changes within the healthcare industry. With the ubiquity of these technologies, there is now an increasing need for more advanced legal procedures. Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical field. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.
Download or read book Bioprospecting and the Protection of Traditional Medical Knowledge of Indigenous Peoples written by Michael Blakeney and published by . This book was released on 1997 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
