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Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property : A Global Primer

By: Publisher: Northampton : Edward Elgar Publishing, 2020Description: pages cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9781785368479
Subject(s): DDC classification:
  • 346.048 KUR
Contents:
Contents: INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS; 1. Terminology; 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities; 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES ; 4. International Intellectual Property Law ; 5. Folklore, Cultural Heritage and Traditional Knowledge ; 6. Genetic Resources and Biodiversity Conservation ; 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES ; 8. Emerging Trends of Protection in Africa ; 9. Perspectives from the United States ; 10. Views from Oceania ; 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS ; 12. Complementary Laws and Policies ; 13. The Customary Law Option ; 14. Preventing Misappropriation: The Disclosure Requirement ; 15. Reciprocity and Mutual Recognition Agreements Index
Summary: "This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge"-- Provided by publisher.
List(s) this item appears in: RAMESH JUL 2020 | NAAC 2020-21
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Item type Current library Collection Shelving location Call number Status Date due Barcode
BOOKs BOOKs National Law School Reference REFERENCE SECTION 346.048 KUR (Browse shelf(Opens below)) Available 38140

Contents: INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS; 1. Terminology;
2. Exploitation of Traditional Knowledge to Indigenous and Local Communities; 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES ; 4. International Intellectual Property Law ; 5. Folklore, Cultural Heritage and Traditional Knowledge ; 6. Genetic Resources and Biodiversity Conservation ; 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES ; 8. Emerging Trends of Protection in Africa ; 9. Perspectives from the United States
; 10. Views from Oceania ; 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS ; 12. Complementary Laws and Policies ; 13. The Customary Law Option ; 14. Preventing Misappropriation: The Disclosure Requirement ; 15. Reciprocity and Mutual Recognition Agreements Index

"This global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge"-- Provided by publisher.

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