The hand that sets the table... The political economy and self-reflexive project of intellectual property law in relation to traditional knowledge

2005 ◽  
Vol 1 (1) ◽  
pp. 67-88
Author(s):  
Kwela Sabine Hermanns
Keyword(s):  
Political Economy ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
The Political ◽  
Property Law ◽  
Intellectual Property Law

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.

The Protection of Traditional Knowledge in the Knowledge Economy: Cross-Cutting Challenges in International Intellectual Property Law

2012 ◽  
Vol 14 (2) ◽  
pp. 137-178 ◽  
Author(s):  
Teshager Dagne
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Economic Integration ◽  
Knowledge Economy ◽  
Legal Protection ◽  
Property Law ◽  
Global Knowledge ◽  
Intellectual Property Law ◽  
Equitable Sharing ◽  
Scope Of Protection

Abstract This article explores and analyses existing frameworks and current initiatives for legal protection of traditional knowledge (TK) in international intellectual property law. The need to protect TK and to secure fair and equitable sharing of benefits derived from its use is accepted in major forums of international intellectual property law-making. Considerable differences exist, however, on the mode and scope of protection, and the extent to which the issue of TK protection can be addressed in respective institutions entrusted with the task: the CBD, WIPO, WTO, and FAO. In this article, general trends and specific problems that underlie demands for the protection of TK are analysed in light of contemporaneous trends of global economic integration in the age of global knowledge economy. After consideration of challenges and threats to TK that need to be addressed through a protection system, initiatives for the protection of TK in national and international frameworks are analytically explored, and various proposals and approaches for protection are critically examined.

Part II Substantive Aspects, Ch.20 Cultural Heritage and Intellectual Property

2020 ◽  
Author(s):  
Burri Mira
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Copyright Protection ◽  
Property Law ◽  
Legal Regime ◽  
Intellectual Property Law ◽  
The Creation ◽  
Traditional Cultural Expressions ◽  
The Relationship

This chapter examines the protection of both cultural heritage and intellectual property. The relationship between cultural heritage and intellectual property evolves in a profoundly complex setting—with many institutions and actors involved, often with very different or even divergent interests, and within a fragmented legal regime. Although intellectual property law has developed sophisticated rules with regard to a variety of intellectual property forms, it is based on certain author-centred and mercantilist premises that do not work so well with the protection of traditional knowledge (TK) and traditional cultural expressions (TCE). Nevertheless, in the fields of patent, trademark, and copyright protection, there are tools that may provide some, albeit imperfect, protection of TK and TCE. The chapter maps the mismatches and the gaps and asks whether these can be addressed in some viable way—be it through adjusting the existing rules or through the creation of new tailored models of protection.

scholarly journals The Value of Music in Melanesia: Creation, Circulation, and Transmission Under Changing Economic and Intellectual Property Conditions

2020 ◽  
Author(s):  
James Leach ◽  
Monika Stern
Keyword(s):  
Political Economy ◽  
Intellectual Property ◽  
Social Reproduction ◽  
Property Law ◽  
Intellectual Property Law ◽  
Musical Practice ◽  
Regional Systems ◽  
Rural And Urban ◽  
Western Intellectual ◽  
Urban Contexts

This article examines the principles governing the ownership and circulation of music in Melanesia. It demonstrates how musical practice is part of what connects people in kin-based, local, and regional systems of reciprocity, recognition, and social reproduction. The article outlines the principles that underlie these systems and shows how they are often starkly at odds with assumptions about value and transaction in capitalist, commodity-focused economies. The contrast is epitomized in the differences between connections forged under Melanesian political economy and those in western intellectual property law, specifically copyright. The article makes the case for understanding the value of contemporary as well as traditional forms of music in this frame, focusing on relationality and obligation in both rural and urban contexts.

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.

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.

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