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 : 71. 42 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 : 20. 15 MB
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Intellectual Property Law

Author : Tanya Aplin
ISBN : 9780198743545
Genre :
File Size : 46. 18 MB
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This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trademarks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.

Eu Intellectual Property Law And Policy

Author : The late Catherine Seville
ISBN : 9781781003480
Genre : Law
File Size : 25. 12 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.

Intellectual Property Biogenetic Resources And Traditional Knowledge

Author : Graham Dutfield
ISBN : 9781136536274
Genre : Political Science
File Size : 30. 44 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 : 9781849770576
Genre : Law
File Size : 74. 65 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.

Intellectual Property Traditional Knowledge And Cultural Property Protection

Author : Sharon B. Le Gall
ISBN : 9781136026645
Genre : Law
File Size : 63. 70 MB
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International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz’s interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively ‘traditional’ or ‘indigenous’ and held in ways which are not ‘traditional’ or ‘customary’, may be accommodated in emerging traditional knowledge laws.

Methods For Risk Assessment Of Transgenic Plants

Author : Klaus Ammann
ISBN : 9783034880336
Genre : Science
File Size : 76. 96 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.

Intellectual Property Indigenous People And Their Knowledge

Author : Peter Drahos
ISBN : 9781107055339
Genre : Law
File Size : 38. 44 MB
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Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.

Principles Of International Environmental Law

Author : Philippe Sands
ISBN : 0521521068
Genre : Law
File Size : 25. 53 MB
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Revised edition includes all new developments since 1994, including all international case-law and international legislation.

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