intellectual property community rights and human rights the biological and genetic resources of developing countries routledge research in intellectual property

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Intellectual Property Community Rights And Human Rights

Author : Marcelin Tonye Mahop
ISBN : 9781136980459
Genre : Business & Economics
File Size : 72. 84 MB
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This book considers the issue of biodiversity in developing countries in relation to intellectual-property rights, community rights and human rights. Drawing together a number of case studies of developing countries rich in biological and genetic resources including India, South Africa and Brazil, the book examines the access to PGRs and their utilizations in the contexts of scientific and commercial oriented activities pursued both in the source and user countries. Exploring how community rights are protected in national biodiversity-related regulations and some international legal instruments, Marcelin Tonye Mahop also discusses the relationship between community rights and human rights in the context of biodiversity. The book looks at the issue of bio-piracy, asking whether this phenomenon should only be seen as a North–South clash, whereby biodiversity rich countries of the Southern Hemisphere blame developed countries and their actors as its principal perpetrators. While recognizing that developing countries' actors play a role in this bio-piracy phenomenon, the book goes on to suggest alternative measures for the legal protection of community rights at the national level with the possibility of national and international enforceability. Essential reading for students and scholars of intellectual-property rights, biodiversity regulations and human rights, this book will also be of great value to researchers and members of professional organizations working in these subject areas. National and regional negotiators in the international processes dealing with the issues covered in the book will find it a useful tool that can help them to understand various facets of these processes.

Intellectual Property And Traditional Knowledge In The Global Economy

Author : Teshager W. Dagne
ISBN : 9781317701910
Genre : Law
File Size : 60. 37 MB
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Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance.

Intellectual Property Policy Law And Administration In Africa

Author : Caroline B. Ncube
ISBN : 9781317589952
Genre : Law
File Size : 83. 76 MB
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This book examines the harmonisation of Intellectual Property (IP) policy, law and administration in Africa. Two recent developments have brought this topic to the fore. The first is the escalation of long-standing efforts to establish a Pan-African Intellectual Property Organisation (PAIPO), a continental initiative. The second is the current sub-regional attempt to operationalise the IP provisions of the Southern African Development Community (SADC)’s Protocol on Trade (articles 9b and 24) and its Protocol on Science, Technology and Innovation (article 2m). Intellectual Property Policy, Law and Administration in Africa discusses the viability of such initiatives with particular reference to the current socio-economic status of Africa’s nations. With a view to contributing to future developments in Africa at both a continental and sub-regional level, the author considers this issue through the lens of advancing the public interest in IP. Ncube argues that harmonisation initiatives ought to be crafted in a way that is supportive of the development aspirations of African states. Consequently, she urges due consideration of individual states’ unique conditions and aspirations in any harmonisation venture, a necessity outlined in article 7 of the Agreement on Trade Related Aspects of Intellectual Property Rights. This book will be of great relevance to scholars and policy makers with an interest in IP law and African law in general.

Health Technologies And International Intellectual Property Law

Author : Phoebe Li
ISBN : 9781135916770
Genre : Law
File Size : 68. 62 MB
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The global transmission of infectious diseases has fuelled the need for a more developed legal framework in international public health to provide prompt and specific guidance during a large-scale emergency. This book develops a means for States to take advantage of the flexibilities of compulsory licensing in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which promotes access to medicines in a public health emergency. It presents the precautionary approach (PA) and the structure of risk analysis as a means to build a workable reading of TRIPS and to help States embody the flexibilities of intellectual property (IP). The work investigates the complementary roles of the World Health Organization (WHO) and the World Trade Organization (WTO) in order to promote the harmonisation of the precautionary approach in relation to the patenting of crucial pharmaceutical products. By bringing together international trade law and intellectual property law Phoebe Li demonstrates how through the use of risk analysis and the precautionary approach, States can still comply with their legal obligations in international law, while exercising their sovereignty right in issuing a compulsory licence of a drug patent in an uncertain public health emergency. This book will be of great interest to students and academics of medical and healthcare law, intellectual property law, international trade law, and human rights law.

The Oxford Handbook Of Intellectual Property Law

Author : Rochelle C. Dreyfuss
ISBN : 9780191076107
Genre : Law
File Size : 71. 71 MB
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We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.

Intellectual Property Biogenetic Resources And Traditional Knowledge

Author : Graham Dutfield
ISBN : 9781136536274
Genre : Political Science
File Size : 74. 50 MB
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Biogenetic resources - the critical biological and chemical materials that underpin so much of medicine, both modern and traditional, agriculture, and wider economic activity in so many fields - are at the centre of heated debate regarding their use, development, and ownership, and the issues of ethics and equity that impinge on all of these factors. This book is a comprehensive examination of the key issues, institutions and ideologies in this area, presenting definitions and explanations of the fundamentals of intellectual property rights (IPRs), biogenetic resources and traditional knowledge. It uses the insights from this to build a picture of how these factors interact in practice, bringing to the surface issues such as: the conservation and sustainable use of biodiversity, benefit sharing from the commercial use of biodiversity, biotechnological innovation and the transfer of technology, agriculture, food security, rural development, health and international justice. Part 1 describes the relevant international IPR laws, highlights the extent to which modern commerce depends on such resources, and traces the way in which modern IPR law has evolved to accommodate this dependence. Part 2 shows how stronger IPR protection in the area of life science innovation has given rise to controversies such as 'biopiracy', 'terminator' genes and genetic uniformity. Part 3 focuses on traditional knowledge, its nature, its importance, and the applicability of IPR-style protection. Part 4 covers the international negotiation and policy-making of the WTO, WIPO and CBD and the legislative initiatives of national governments of Asia, Africa and Latin America. Finally, Part 5 focuses on two developing country case studies - of India and Kenya - assessing whether they will be able to gain economic benefit from development of their natural resources within the current regulatory system and whether this will encourage the conservation and sustainable use of the resource base. With its multidisciplinary approach and breadth of coverage, this book will appeal both to those new to the subject and to those with professional and specialist interest, including students, academics, legal practitioners, government policy-makers and the private sector.

Biodiversity And The Law

Author : Charles R. McManis
ISBN : 9781136571060
Genre : Nature
File Size : 53. 13 MB
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How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, aims to address this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.

The Intellectual Property And Food Project

Author : Charles Lawson
ISBN : 9781317027379
Genre : Law
File Size : 64. 22 MB
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The relationship between intellectual property and food affects the production and availability of food by regulating dealings in products, processes, innovations, information and data. With increasingly intricate relations between international and domestic law, as well as practices and conventions, intellectual property and food interact in many different ways. This volume is a timely consideration and assessment of some of the more contentious and complex issues found in this relationship, such as genetic technology, public research and food security, socio-economic factors and the root cause of poverty and patent-busting. The contributions are from leading scholars in this emerging field and each chapter foregrounds some of the key developments in the area, exploring historical, doctrinal and theoretical issues in the field while at the same time developing new ideas and perspectives around intellectual property and food. The collection will be a useful resource in leading further discussion and debate about intellectual property law and food.

Ecopolitics X Proceedings

Author :
ISBN : UOM:39015022889243
Genre : Australia
File Size : 29. 12 MB
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Indigenous Knowledge Inquiries

Author : Paul Sillitoe
ISBN : STANFORD:36105122270585
Genre : Business & Economics
File Size : 80. 30 MB
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This manual is for development programme managers and project leaders who wish to incorporate an indigenous knowledge element into their work. The guidelines acknowledge that the design and management of IK-informed projects involve making decisions about many closely interrelated issues. They take cost, time and scope of objectives as the principal design issues. The methodology also deals with issues of team functioning that critically inform project success. The guidelines make reference to project cycle management in the context of natural resources indigenous knowledge research, and present options for reducing conflicts and more effectively including the views of primary stakeholders. Novel topics are covered, such as computer aided analysis of qualitative data and the use of cross-cultural research staff. The methodology is grounded in anthropological and development research, and attempts to be critically aware of contemporary reflective practice. Whatever your interest in indigenous knowledge you will find this book a fascinating and insightful handbook.

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