the protection of biodiversity and traditional knowledge in international law of intellectual property cambridge intellectual property and information law

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The Protection Of Biodiversity And Traditional Knowledge In International Law Of Intellectual Property

Author : Jonathan Curci
ISBN : 9780521199445
Genre : Law
File Size : 50. 32 MB
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Analyses the methods of protection of biodiversity and related traditional knowledge in the international and comparative national intellectual property systems.

Cambridge Intellectual Property And Information Law Injunctions Against Intermediaries In The European Union

Author : Husovec, Martin
ISBN : 9781108247887
Genre :
File Size : 57. 92 MB
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Eu Intellectual Property Law And Policy

Author : The late Catherine Seville
ISBN : 9781781003480
Genre : Law
File Size : 27. 65 MB
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This fully updated book offers a compact and accessible account of EU intellectual property (IP) law and policy. The digital age brings many opportunities, but also presents continuing challenges to IP law as the EU’s programme of harmonisation unfolds. As well as addressing the main IP rights (copyright, patents, designs, trade marks and related rights), the book also considers IP’s relationship with the EU’s rules on free movement of goods and competition, as well as examining the enforcement of IP rights. Taking account of numerous changes, this timely second edition covers the substantive provisions and procedures which apply throughout the EU, making extensive reference to the case law. The author considers how the exploitation of IP is increasingly global; harmonisation, in contrast, is only partial, even at the EU level. In response, the book sets EU IP law in its wider international context. It also seeks to highlight policy issues and arguments of relevance to the EU, in its relations both within the Union and with the rest of the world. Designed as a compact and approachable account of these difficult and technical areas, and with advice on further reading and research, this unique book is useful both as a work of reference and for more general study. It is essential reading for postgraduate students, academic researchers and legal practitioners alike.

International Law And Indigenous Knowledge

Author : Chidi Oguamanam
ISBN : 9780802039026
Genre : Law
File Size : 68. 71 MB
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Discusses the suitability of mainstream forms of intellectual propety rights to indigenous knowledge and efforts to reconcile the Western concept of intellectual property with indigenous knowledge.

Intellectual Property Biogenetic Resources And Traditional Knowledge

Author : Graham Dutfield
ISBN : 9781136536274
Genre : Political Science
File Size : 25. 87 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.

Methods For Risk Assessment Of Transgenic Plants

Author : Klaus Ammann
ISBN : 9783034880336
Genre : Science
File Size : 89. 63 MB
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For centuries, TK has been used almost exclusively by its creators, that is, indigenous and local communities. Access to, use of and handing down of TK has been regulated by local laws, customs and tmditions. Some TK has been freely accessible by all members of an indigenous or local community and has been freely exchanged with other communities; other TK has only been known to particular individuals within these communities such as shamans, and has been handed down only to particular individuals of thc next generation. Over many generations, indigenous and local communities have accumulated a great deal of TK which has generally been adapted, developed and improved by the generations that followed. For a long time, Western anthropologists and other scientists have generally been able to freely access TK and have documented it in their works. Still, this TK was only seldom used outside the indigenous and local communities that created it. More recently, however, Western scientists have become aware that TK is neither outdated nor valueless knowledge, but, instead, 1 can be useful to solve some of the problems facing today's world. Modem science, for example, has shown an increased interest in some fornls ofTK as knowledge that can be used in 4 research and development (R&D) activities and be integrated in modem innovations. This holds especially true for TK regarding genetic resources, which has been integrated in modem 6 phannaceuticals,s agro-chemicals and seed.

Biodiversity And The Law

Author : Charles R. McManis
ISBN : 9781849770576
Genre : Law
File Size : 58. 34 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, addresses 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.

Principles Of International Environmental Law

Author : Philippe Sands
ISBN : 0521521068
Genre : Law
File Size : 62. 80 MB
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Revised edition includes all new developments since 1994, including all international case-law and international legislation.

Intellectual Property In Global Governance

Author : Chidi Oguamanam
ISBN : 9781136659461
Genre : Business & Economics
File Size : 71. 64 MB
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Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law. Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.

The Property Regime Of Biodiversity And Traditional Knowledge

Author : Nicolas Brahy
ISBN : 2804428958
Genre : Law
File Size : 20. 72 MB
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How can we simultaneously conserve biodiversity and use its components (genetic resources) to create new medicines and better seeds ? Signed in 1992, at the Earth Summit in Rio, the Convention on Biological Diversity answers this question by resorting to intellectual property rights on living material with the objective to create a market for genetic resources. Fifteen years later, we cannot but observe that biodiversity keeps eroding and that the proliferation of intellectual property rights hinders research and innovation on new medicines and seeds. Combining legal, economical and historical approaches, this book explains in simple terms how the Biodiversity Convention came into existence, and how the providing countries and bio-industries (pharmaceutical and seeds industry) are striving to implement it, and why the Convention and its project of a market for genetic resources do not work properly. The book, then, examines new orientations and suggests avenues for solutions. What makes this book different? It puts the Convention on Biological Diversity back in the wider context of the organization of both innovation and conservation of nature. This approach highlights what is really at stake : Financing innovation and conservation : what should be the distribution of tasks between the market and public funding ? Coordinating the agents of conservation and innovation (providing countries, local communities, universities, firms, etc) : what should be the distribution of tasks between the market and regulation ?

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