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Author: Peter Drahos Publisher: Cambridge University Press ISBN: 1107055334 Category : Education Languages : en Pages : 263
Book Description
Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.
Author: Peter Drahos Publisher: Cambridge University Press ISBN: 1107055334 Category : Education Languages : en Pages : 263
Book Description
Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.
Author: Matthew Rimmer Publisher: Edward Elgar Publishing ISBN: 1781955905 Category : LAW Languages : en Pages : 752
Book Description
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
Author: Silke von Lewinski Publisher: Kluwer Law International B.V. ISBN: 9041124926 Category : Law Languages : en Pages : 564
Book Description
For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.
Author: Peter Drahos Publisher: ANU E Press ISBN: 1921862785 Category : Reference Languages : en Pages : 276
Book Description
Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of intellectual property when it comes to supporting innovation by indigenous people.
Author: Anindya Bhukta Publisher: Emerald Group Publishing ISBN: 1800430655 Category : Law Languages : en Pages : 122
Book Description
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.
Author: Peter Drahos Publisher: Cambridge University Press ISBN: 1139952730 Category : Law Languages : en Pages : 263
Book Description
After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.
Author: Dewani, Nisha Dhanraj Publisher: IGI Global ISBN: 1799818373 Category : Law Languages : en Pages : 296
Book Description
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.
Author: Stephen B. Brush Publisher: ISBN: Category : Biodiversity Languages : en Pages : 360
Book Description
Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.
Author: Mary Riley Publisher: Rowman Altamira ISBN: 0759115478 Category : Social Science Languages : en Pages : 413
Book Description
Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests. It will be an important resource for social scientists, advocates for indigenous and human rights, bioprospecting, indigenous leaders, NGOs and law libraries.
Author: Tahu Kukutai Publisher: ANU Press ISBN: 1760460311 Category : Social Science Languages : en Pages : 344
Book Description
As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines
Author: Peter Drahos
Author: Peter Drahos
Author: Matthew Rimmer
Author: Silke von Lewinski
Author: Peter Drahos
Author: Anindya Bhukta
Author: Peter Drahos
Author: Dewani, Nisha Dhanraj
Author: Stephen B. Brush
Author: Mary Riley
Author: Tahu Kukutai