Traditional Knowledge Traditional Cultural Expressions and Intellectual Property Law in the Asia Pacific Region

Traditional Knowledge  Traditional Cultural Expressions  and Intellectual Property Law in the Asia Pacific Region Author Christoph Antons
ISBN-10 9789041127211
Year 2009
Pages 394
Language en
Publisher Kluwer Law International
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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.

Minding Culture

Minding Culture Author Terri Janke
ISBN-10 9789280511895
Year 2003
Pages 170
Language en
Publisher WIPO
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The World Intellectual Property Organization (WIPO) published on Monday, March 15, 2004, a collection of practical case studies on the use of the intellectual property sytsem by indigenous communities of Australia. It was written for WIPO by Terri Janke, an Australian lawyer, and a descendant of the Meriam people of the Torres Strait Islands, Australia.

Archaeology 2 0

Archaeology 2 0 Author Eric Christopher Kansa
ISBN-10 UCSD:31822039591235
Year 2011
Pages 295
Language en
Publisher Cotsen Institute of Archaeology
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Outcome of a session held at the 2008 meeting of the Society for American Archaeology (SAA) in Vancouver, British Columbia.

Intellectual property rights and communications in Asia

Intellectual property rights and communications in Asia Author Pradip Thomas
ISBN-10 0761934987
Year 2006-10-30
Pages 262
Language en
Publisher Sage Publications Pvt. Ltd
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RIGHT-WRONG; LEGAL-ILLEGAL. Such simple binary notions cannot be used to assess issues related to intellectual property and communications. One of te key dilemmas in the field of intellectual property rights today is the need for a system that rewards innovation and creativity while encouraging the social availability and distribution of ideas in the public domain. And this is the balance that this volume sets out to strike. With the ownership of IP becoming a core feature of media/information industries and state policy, issues related to access to knowledge and its use have become a matter of critical concern. While trade regimes, the state and the core cultural and information industries have begun to advocate greater scope for a variety of knowledge enclosures, civil society is increasingly arguing for a people-centred vision of knowledge futures. This vision includes the need for equity-based and flexible licensing regimes; the legitimacy of local solutions to IP-related issues; support for cultural diversity; and access to knowledge based on need rather than the ability to pay for knowledge. The central argument of this volume is that since access to knowledge in a knowledge economy is a passport to a better quality of life, then its fair distribution and universal availability ought to become a standard norm. The articles in this volume explore the contested nature of the ownership of and access to knowledge and support it with illustrative case studies from the Asian region. Exhaustively discussed from the point of view of the dominant ‘power’ interests as also the ‘margins’ (or indigenous communities), this volume provides emerging solutions supportive of public domain.

Intellectual Property and Human Development

Intellectual Property and Human Development Author Tzen Wong
ISBN-10 9781139490016
Year 2010-10-21
Pages
Language en
Publisher Cambridge University Press
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This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.

Protecting Traditional Knowledge

Protecting Traditional Knowledge Author Daniel F. Robinson
ISBN-10 9781317354857
Year 2017-07-04
Pages 382
Language en
Publisher Routledge
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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.

International Intellectual Property Law and Human Security

International Intellectual Property Law and Human Security Author Robin Ramcharan
ISBN-10 9789067049009
Year 2012-11-27
Pages 324
Language en
Publisher Springer Science & Business Media
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This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.

Traditional Forest Related Knowledge

Traditional Forest Related Knowledge Author John A. Parrotta
ISBN-10 9400721447
Year 2011-10-14
Pages 622
Language en
Publisher Springer Science & Business Media
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Exploring a topic of vital and ongoing importance, Traditional Forest Knowledge examines the history, current status and trends in the development and application of traditional forest knowledge by local and indigenous communities worldwide. It considers the interplay between traditional beliefs and practices and formal forest science and interrogates the often uneasy relationship between these different knowledge systems. The contents also highlight efforts to conserve and promote traditional forest management practices that balance the environmental, economic and social objectives of forest management. It places these efforts in the context of recent trends towards the devolution of forest management authority in many parts of the world. The book includes regional chapters covering North America, South America, Africa, Europe, Asia and the Australia-Pacific region. As well as relating the general factors mentioned above to these specific areas, these chapters cover issues of special regional significance, such as the importance of traditional knowledge and practices for food security, economic development and cultural identity. Other chapters examine topics ranging from key policy issues to the significant programs of regional and international organisations, and from research ethics and best practices for scientific study of traditional knowledge to the adaptation of traditional forest knowledge to climate change and globalisation.

Intellectual Property A Very Short Introduction

Intellectual Property  A Very Short Introduction Author Siva Vaidhyanathan
ISBN-10 9780199706808
Year 2017-02-09
Pages 144
Language en
Publisher Oxford University Press
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We all create intellectual property. We all use intellectual property. Intellectual property is the most pervasive yet least understood way we regulate expression. Despite its importance to so many aspects of the global economy and daily life, intellectual property policy remains a confusing and arcane subject. This engaging book clarifies both the basic terms and the major conflicts surrounding these fascinating areas of law, offering a layman's introduction to copyright, patents, trademarks, and other forms of knowledge falling under the purview of intellectual property rights. Using vivid examples, noted media expert Siva Vaidhyanathan illustrates the powers and limits of intellectual property, distilling with grace and wit the complex tangle of laws, policies, and values governing the dissemination of ideas, expressions, inventions, creativity, and data collection in the modern world. Vaidhyanathan explains that intellectual property exists as it does because powerful interests want it to exist. The strongest economies in the world have a keen interest in embedding rigid methods of control and enforcement over emerging economies to preserve the huge economic interests linked to their copyright industries-film, music, software, and publishing. For this reason, the fight over the global standardization of intellectual property has become one of the most important sites of tension in North-South global relations. Through compelling case studies, including those of Starbucks, Coca-Cola, Sony, Amazon, and Google Books, Vaidhyanathan shows that the modern intellectual property systems reflect three centuries of changes in politics, economics, technologies, and social values. Although it emerged from a desire to foster creativity while simultaneously protecting it, intellectual property today has fundamentally shifted to a political dimension.