scholarly journals Legal developments in the protection of plant-related traditional knowledge: An intellectual property lawyer's perspective of the international and South African legal framework

2011 ◽  
Vol 77 (4) ◽  
pp. 844-849 ◽  
Author(s):  
A.F. Myburgh
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
South African ◽  
Legal Framework

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

Negotiating the Intellectual Property Protocol under the Agreement Establishing the African Continental Free Trade Area: Priorities and Opportunities for Nigeria

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Adebambo Adewopo ◽  
Desmond Oriakhogba ◽  
Chijioke Okorie
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Free Trade Area ◽  
Legal Framework ◽  
Benefit Sharing ◽  
Trade Area ◽  
Economic Assets

Abstract Early March 2021, following its ratification of the Agreement Establishing the African Continental Free Trade Area (AfCFTA agreement), Nigeria’s National Office of Trade launched a consultative process into issues constituting the country’s priorities as it prepares to participate in the negotiation of the AfCFTA agreement’s protocol on intellectual property rights (IPRs). We contributed a position paper to that process, with a focus on key policy considerations that should form Nigeria’s negotiation priorities on IPRs. This article describes some of the most important points of our submission and concludes by stressing that the broad policy focus should be to champion initiatives that promote Nigeria’s national interest and, at the same time, recognize and accommodate the ideals of inclusiveness, openness, and collaboration within the context of the AfCFTA. In this regard, the paper recommends that Nigeria should prioritize negotiations in recognition of her strongest economic assets in copyright-related sectors and focus on institutional capacity-building for its patent and technology transfer offices so that Nigeria can effectively take advantage of the relevant Trade-Related Aspects of Intellectual Property Rights flexibilities locally. Nigeria can learn from South Africa in domesticating the appropriate legal framework for benefit sharing and the general protection of traditional knowledge and genetic resources. The Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore 2010, the Arusha Protocol for the Protection of New Varieties of Plants 2015, and the African Union model law for the protection of the rights of local communities, farmers, breeders, and for the regulation of access to biological resources offer relevant guidance.

scholarly journals MENAKAR PELUANG PELINDUNGAN INDIKASI GEOGRAFIS PADA BIDANG JASA DALAM KERANGKA HUKUM INDONESIA: SEBUAH DIAGNOSA AWAL

2021 ◽  
Vol 13 (1) ◽  
pp. 47-60
Author(s):  
Muh. Ali Masnun
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Service Sector ◽  
Legal Protection ◽  
Legal Framework ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Protection Theory

The protection of geographical indications in Indonesia is still limited to the goods sector, but not yet for the service sector. The purpose of this study is to analyze the opportunities for the protection of geographical indications in the service sector within the legal framework in Indonesia. This research is a doctrinal research using a conceptual and statute approachs. The results of the study can be concluded that the opportunity for protection of geographical indications in the service sector is very good with an argument consisting of 4 aspects, including the provisions of the TRIPS agreement which are open, the potential for uniqueness of the region. based services, protection through the relative geographical indications still has weaknesses, and protection through communal intellectual property (traditional knowledge) is also relatively weak. The opportunities for the protection of geographical indications are also very relevant to several legal protection theories, including: predictive and anticipatory legal protection theory, integrative and coordinative theory, and social ownership theory.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

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