Protecting Traditional Knowledge and Expanding Access to Scientific Data: Juxtaposing Intellectual Property Agendas via a “Some Rights Reserved” Model

2005 ◽  
Vol 12 (3) ◽  
pp. 285-314 ◽  
Author(s):  
Eric C. Kansa ◽  
Jason Schultz ◽  
Ahrash N. Bissell
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Scientific Data ◽  
First Century ◽  
The Other ◽  
Open Communication ◽  
Creative Commons ◽  
Significant Challenge ◽  
Scientific Disciplines ◽  
Forms Of Knowledge

The twenty-first century has ushered in new debates and social movements that aim to structure how culture is produced, owned, and distributed. At one side, open-knowledge advocates seek greater freedom for finding, distributing, using, and reusing information. On the other hand, traditional-knowledge rights advocates seek to protect certain forms of knowledge from appropriation and exploitation and seek recognition for communal and culturally situated notions of heritage and intellectual property. Understanding and bridging the tension between these movements represents a vital and significant challenge. This paper explores possible areas of where these seemingly divergent goals may converge, centered on the Creative Commons concept ofsome rights reserved. We argue that this concept can be extended into areas where scientific disciplines intersect with traditional knowledge. This model can help build a voluntary framework for negotiating more equitable and open communication between field researchers and diverse stakeholding communities.

An Interface Between Traditional Knowledge and Intellectual Property Rights (IPR)

2017 ◽  
pp. 135-147
Author(s):  
Nisha Dhanaraj ◽  
Mamta Sharma
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Large Scale ◽  
Indigenous Rights ◽  
The Other ◽  
Community Interest ◽  
Other Hand

Traditional knowledge and Intellectual Property Rights (IPR), both are supplementary and complementary to each other. The aim of traditional knowledge is to promote community interest and protect indigenous rights against bio-piracy and bio-prospecting. On the other hand, IPR guarantees monopoly of a product or service to an organization and empowers it to profit from it. This article studies the present Indian IPR system to understand whether it is capable to handle traditional knowledge or should it be amended to incorporate a separate law to protect traditional knowledge. Besides, a large-scale commercialization and unauthorized use of traditional knowledge has been observed, which gives rise to the need to screen and protect it. This article also takes into consideration the Bonn guidelines and Indian Biodiversity Act 2002 and the issues related to traditional knowledge, and finds that the current issues cannot be resolved by the existing IPR regime.

An Interface Between Traditional Knowledge and Intellectual Property Rights (IPR)

2020 ◽  
pp. 435-444
Author(s):  
Nisha Dhanaraj ◽  
Mamta Sharma
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Large Scale ◽  
Indigenous Rights ◽  
The Other ◽  
Community Interest ◽  
Other Hand

Traditional knowledge and Intellectual Property Rights (IPR), both are supplementary and complementary to each other. The aim of traditional knowledge is to promote community interest and protect indigenous rights against bio-piracy and bio-prospecting. On the other hand, IPR guarantees monopoly of a product or service to an organization and empowers it to profit from it. This article studies the present Indian IPR system to understand whether it is capable to handle traditional knowledge or should it be amended to incorporate a separate law to protect traditional knowledge. Besides, a large-scale commercialization and unauthorized use of traditional knowledge has been observed, which gives rise to the need to screen and protect it. This article also takes into consideration the Bonn guidelines and Indian Biodiversity Act 2002 and the issues related to traditional knowledge, and finds that the current issues cannot be resolved by the existing IPR regime.

Ummah’s Rights or Human Rights? Universalism, Individualism, and Islamic Ethics in the Twenty-first Century

2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick
Keyword(s):  
Human Rights ◽  
First Century ◽  
The Other ◽  
Moral Code ◽  
Bill Of Rights ◽  
Islamic Ethics ◽  
Specific Content ◽  
Societal Needs ◽  
The One ◽  
The Individual

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”

Of Promise and Peril: Doctoral Study in Public Administration in the 21st Century

Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 73
Author(s):  
John R Phillips
Keyword(s):  
Faculty Member ◽  
Public Administration ◽  
Doctoral Students ◽  
21St Century ◽  
Colleges And Universities ◽  
First Century ◽  
The Other ◽  
Extensive Experience ◽  
Doctoral Study ◽  
Recent Graduate

The author, a recent graduate of the Doctor in Public Administration program, shares his thoughts about what it means to study public administration in the twenty-first century. He hopes his insights, born out of more than a forty year-long career in the field—decades of work in colleges and universities as a faculty member, dean, provost, vicepresident, and acting president, as well as his extensive experience in teaching public administration at the graduate and undergraduate levels—will help doctoral students in their academic pursuits. More specifically, he hopes that his remarks will make Ph.D. students think more deeply about the promise of their endeavors and, on the other hand, give them advance warning about perils of the process and ways to avoid them.

Empire after Liberalism: The Transatlantic Right and Identitarian War

2021 ◽  
pp. 1-26
Author(s):  
CHRISTOPHER VIALS
Keyword(s):  
Human Rights ◽  
American Studies ◽  
White Male ◽  
First Century ◽  
The Other ◽  
Graphic Novel ◽  
Carl Schmitt ◽  
Source Text ◽  
Far Right ◽  
The One

American studies has developed excellent critiques of post-1945 imperial modes that are grounded in human rights and Enlightenment liberalism. But to fully gauge US violence in the twenty-first century, we also need to more closely consider antiliberal cultural logics. This essay traces an emergent mode of white nationalist militarism that it calls Identitarian war. It consists, on the one hand, of a formal ideology informed by Identitarian ethno-pluralism and Carl Schmitt, and, on the other, an openly violent white male “structure of feeling” embodied by the film and graphic novel 300, a key source text for the transatlantic far right.

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.

Madness, virtue, and ecology: A classical Indian approach to psychiatric disturbance

2021 ◽  
pp. 095269512098224
Author(s):  
Chakravarthi Ram-Prasad
Keyword(s):  
Mental Illness ◽  
Human Subject ◽  
Philosophical Anthropology ◽  
First Century ◽  
The Other ◽  
Third Century ◽  
Psychiatric Disturbance ◽  
Indian Medical ◽  
The Subject ◽  
Moral Relationship

The Caraka Saṃhitā (ca. first century BCE–third century CE), the first classical Indian medical compendium, covers a wide variety of pharmacological and therapeutic treatment, while also sketching out a philosophical anthropology of the human subject who is the patient of the physicians for whom this text was composed. In this article, I outline some of the relevant aspects of this anthropology – in particular, its understanding of ‘mind’ and other elements that constitute the subject – before exploring two ways in which it approaches ‘psychiatric’ disorder: one as ‘mental illness’ ( mānasa-roga), the other as ‘madness’ ( unmāda). I focus on two aspects of this approach. One concerns the moral relationship between the virtuous and the well life, or the moral and the medical dimensions of a patient’s subjectivity. The other is about the phenomenological relationship between the patient and the ecology within which the patient’s disturbance occurs. The aetiology of and responses to such disturbances helps us think more carefully about the very contours of subjectivity, about who we are and how we should understand ourselves. I locate this interpretation within a larger programme on the interpretation of the whole human being, which I have elsewhere called ‘ecological phenomenology’.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

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