Law, Knowledge, Culture The Production of Indigenous Knowledge in Intellectual Property Law

Author: Jane Anderson
Publisher: Edward Elgar Publishing
ISBN: 9781845424855
Published In: April 2009
Format: Hardback , 272 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions.

Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory.

Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.

Introduction

Part I: Law

1. The Cultural Life of Law

2. The Making of Intellectual Property Law

3. Copyright and Categories of Identification

Part II: Knowledge

4. Aboriginal Art and the Economic Currency of Law

5. Study of the Bureaucratic Agenda

6. A Tale of Two Cases

7. The Politics of Law

Part III: Culture

8. Globalising Indigenous Rights in Intellectual Property

9. The Culture Concept

10. Community and Culture/Community Claims

Conclusion

Bibliography Index

Jane E. Anderson, Visiting Research Scholar, Institute for Law and Society, School of Law, New York University, US

This book is an interesting addition to the increasingly interdisciplinary work at the interface of IK and IP law. It is a well-researched and well written book that would be resourceful for scholars and researchers from diverse disciplinary backgrounds that straddle the subject of the book, especially those that focus on the Australian context.’
– Chidi Oguamanam, Script-ed

‘Combining unique practical experience with a sophisticated historical and theoretical framework, this impressive work offers a new basis to explore indigenous intellectual property. In this wide-ranging and imaginative study, Anderson has laid the groundwork for future scholarship in the field. Hopefully this work will set a new trajectory for how this important topic is approached and advanced with indigenous people.’
– Brad Sherman, University of Queensland, Australia