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

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

Author: Paul Kuruk
Publisher: Edward Elgar Publishing
ISBN: 9781785368479
Published In: March 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,028.00

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Description
Contents

Details

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.

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