The Ethics of Intellectual Property Rights: The Impact of Traditional Knowledge and Health on International Intellectual Property Law

2009 ◽  
Vol 5 (2) ◽  
pp. 340-362
Author(s):  
Chamundeeswari Kuppuswamy
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
International Law ◽  
Traditional Knowledge ◽  
Property Law ◽  
Intellectual Property Law ◽  
Prior Informed Consent ◽  
Ongoing Work ◽  
Work Programme ◽  
The Impact

This article addresses issues at the interface of public international law and international intellectual property law, and argues that developing countries interests’ will be better protected by the proposed amendment of Article. 31 of the TRIPS Agreement and by the ongoing efforts to elaborate a legal instrument for the protection of traditional knowledge, both of which extend and deepen the special and preferential treatment of developing countries. The issue of protection of traditional knowledge has not only made inroads into treaties (via the proposal to amend TRIPS to include disclosure of origin and prior informed consent—Article. 29 bis), but it has also introduced alternatives to foundational intellectual property law principles relating to term of protection and exclusive rights. The ongoing work programme of the World Intellectual Property Organisation’s Genetic Resources, Traditional Knowledge and Folklore committee shows potential for the formulation of an international instrument for the protection of traditional knowledge through recognition of the rights of indigenous peoples.

scholarly journals Protection of Traditional Knowledge: Emerging Issue of Intellectual Property Law

2017 ◽  
pp. 63-71
Author(s):  
Madhu Soodan Poudyal
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Indigenous Knowledge ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Property Law ◽  
Ongoing Debate ◽  
Intellectual Property Law ◽  
Present Context ◽  
The Impact

Traditional Knowledge and Indigenous Knowledge are the two concepts under intellectual property which in the present context is of major concern of intellectual property law. Since, the term traditional knowledge and indigenous knowledge are quite often used interchangeably but failing to understand at times that they do not carry the same meaning it may lead to confusion. Sothis paper in general clarifies the distinction between these two concepts of intellectual property highlighting the importance of traditional knowledge. The paper attempts to discuss the areas of scope and significance of traditional knowledge. Furthermore, this paper highlights the impact of failure of registering the traditional knowledge as a patent leading to infringement of violation of intellectual property rights. The paper in conclusion opines that the ongoing debate of need of national and international actions for the protection of traditional knowledge and preservation of the nation's intellectual property should be the interest of all nations.

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

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

scholarly journals Traditional Cultural Expressions and International Intellectual Property Law

2019 ◽  
Vol 47 (1) ◽  
pp. 6-12
Author(s):  
Lily Martinet
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Doctoral Research ◽  
Essential Questions ◽  
Cultural Expressions ◽  
Definition Of ◽  
Traditional Cultural Expressions

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

scholarly journals Impact of Digital Economy on Intellectual Property Law

2020 ◽  
Vol 13 (4) ◽  
pp. 117
Author(s):  
Asif khan ◽  
Ximei Wu
Keyword(s):  
Intellectual Property ◽  
Personal Information ◽  
Digital Economy ◽  
Free Access ◽  
Property Law ◽  
Individual Property ◽  
Intellectual Property Law ◽  
The Public ◽  
Digital World ◽  
The Impact

Intellectual property is regarded to be the digital economy's hot issue. It ranges from theoretical arguments to own information concerning everyday life relating to the foundation of internet geography. The current study deals with the impact of the digital economy on intellectual property law and proposes that although various countries have given many intellectual property laws, no such implementation has ever been made. Still, the digital world has witnessed the protection of intellectual law through technical protection and contracts. The digital economy has greatly impacted the intellectual property law that can be witnessed through cyber squatter legislation and significant legal and economic protection developments. The endorsement of business methods patents and e-commerce would significantly affect freedom, computer as well as privacy. However, some of their personal information has been suggested by giving individual property rights while describing it to protect freedom and privacy. In this study, it has also been concluded that policy is critical to conceive and analyze issues so that it would be technology independent. It would help policymakers to draft legislation and policies in the same way. In addition to this, policymakers' decisions should not base on any business model's specifics only. Moreover, the study suggests the need for other adaptations to ensure that all the essential purposes in copyright laws, such as giving free access to the public for a broader range of information, have been adequately fulfilled in the digital economy context. However, such adaptations are yet to design, and for completing such tasks, the stakeholders' participation is significant.

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