scholarly journals Revisiting the Debate on Intellectual Property Rights and Traditional Knowledge of Biodiversity: Accommodating Local Realities and Perspectives

2012 ◽  
Vol 3 (4) ◽  
Author(s):  
Ujjal Kumar Sarma ◽  
Indrani Barpujari
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Communities ◽  
Developed Countries ◽  
Social Contexts ◽  
Practical Capacity ◽  
Northeastern State

The international and national debates and developments on the applicability of an intellectual property rights regime for protecting traditional knowledge associated with biodiversity is over a decade old. Nevertheless, this continues to be an area fraught with difficulties for many reasons, such as inherent mismatch between the nature of intellectual property rights regimes and that of traditional knowledge, lack of an effective international framework, and alleged lack of will on the part of developed countries. The paper argues that the possible non-inclusion of traditional knowledge holders in the process and the lack of their practical capacity is another key reason for non-effectiveness of existing or envisaged legal instruments. It takes the position that a major lacuna of this discourse is that it is not strongly positioned in the local economic, political, and social contexts in which local and Indigenous communities find themselves today. Using a field-based case study of an Indigenous scheduled tribe, the Karbis in the northeastern state of Assam, the paper makes the case for discarding commonly held, often non-realistic ‘assumptions’ about local and Indigenous communities and accommodation of their realities and perspectives in enacting ‘rights based’ law and policy on these issues.

scholarly journals TRADITIONAL KNOWLEDGE AS A PROTECTED FORM OF INTELLECTUAL PROPERTY RIGHTS IN NEPAL: A LAW AND POLICY ASSESSMENT

2021 ◽  
Vol 2 (1) ◽  
pp. 120-126
Author(s):  
Viajay Prasad Jayswal
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Communities ◽  
Law And Policy ◽  
The World ◽  
The Subject ◽  
The Town ◽  
Property Regime

A serious discourse is built around the world for proper and better protection of traditional knowledge associated with intellectual property rights. Traditional knowledge was considered as a leftover subject in intellectual property governance since the IP has been a talk of the town. Nepal is rich in terms of traditional knowledge associated with indigenous communities largely used in the medical sectors or what we generally name with “ home-grown medicines”. There is a lack of proper protection and also incentives for these communities and researches have shown that there are also possibilities of conflict over ownership over such knowledge. The traditional knowledge will not only benefit particular stakeholders rather in an extended way, it creates values for the nation and ultimately a global asset in the intellectual property regime across the world. The IP Policy, Law, and Regulations need further incorporation of elements as the subject of traditional knowledge specifically used for medicinal purposes. This paper is based on a theoretical analysis of law, policies, rules, cases, and practices for the protection of traditional knowledge for medicinal in Nepal. This paper has further analyzed the position of existing umbrella clauses as seen in intellectual property laws for the said purpose.

Human Rights Approach to the Protection of Traditional Knowledge: An Appraisal of Draft Nordic Saami Convention

2012 ◽  
Vol 4 (1) ◽  
pp. 313-340
Author(s):  
Kamrul Hossain
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Communities ◽  
Intellectual Property Right ◽  
Economic Interests ◽  
Property Right System ◽  
Material Interests

Abstract Traditional knowledge offfers significant contribution to the intellectual creations. While authors of intellectual creations are protected within the intellectual property rights regime, the authors of traditional knowledge, however, are not. Intellectual property rights regime offfers certain exclusive rights over the innovations of private authors leaving holders of traditional knowledge aside. Given the collective nature of knowledge held traditionally by a community, and unknown in the intellectual property rights system, traditional knowledge faces complexity to be included within the existing intellectual property rights system, and hence, demands alternative protection regime. This article argues human rights approach as an alternative protection regime for the traditional knowledge – the knowledge mostly held by the indigenous communities. The article examines specific human rights provisions embodied in the international bill of human rights pertaining to both right to enjoy a culture and right to enjoy ‘moral and material’ interests arguing that traditional knowledge form a part of culture, and that such culture-oriented right generates economic interests akin to that of intellectual property right system, albeit within the framework of human rights. While the Saami are the indigenous people holding diverse traditional knowledge of great importance, the article also addresses the specific provisions of the Draft Nordic Saami Convention in order to examine how efffectively the Saami’s traditional knowledge right is protected within the regime of human rights.

Foreign Direct Investment, Intellectual Property Rights, and Productivity Growth

2014 ◽  
Vol 05 (03) ◽  
pp. 1440009
Author(s):  
Sasatra Sudsawasd ◽  
Santi Chaisrisawatsuk
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Productivity Growth ◽  
Direct Investment ◽  
Developed Countries ◽  
Outward Fdi ◽  
The Impact ◽  
Ipr Protection

Using panel data for 57 countries over the period of 1995–2012, this paper investigates the impact of intellectual property rights (IPR) processes on productivity growth. The IPR processes are decomposed into three stages — innovation process, commercialization process, and protection process. The paper finds that better IPR protection is directly associated with productivity improvements only in developed economies. In addition, the contribution of IPR processes on growth through foreign direct investment (FDI) appears to be quite limited. Only inward FDI in developed countries which creates better innovative capability leads to higher growth. In connection with outward FDI, only the increase in IPR protection and commercialization are proven to improve productivity in the case of developing countries, particularly when the country acts as the investing country.

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 Pelindungan Hak Paten atas Pengetahuan Obat Tradisional Melalui Pasal 26 UU No. 13 Tahun 2016 tentang Paten (Protection of Patent Rights on Traditional Medicine Knowledge Through Article 26 of Law No. 13 of 2016 Concerning Patents)

2019 ◽  
Vol 10 (1) ◽  
pp. 49-65
Author(s):  
Trias Palupi Kurnianingrum
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Patent Law ◽  
Benefit Sharing ◽  
Traditional Medicines ◽  
Patent Rights

Patent as a branch of Intellectual Property Rights (IPR) serves to protect inventions on the field of technology, one of them being medicine. The rise on the number of cases on the theft of genetic resources and traditional knowledge on the field of medicine for commercialization purposes shows that the protection of patent rights on traditional medicine knowledge is still not optimal. This article is the result of a normative juridical research which is supported by an empirical data, examines the protection of patent rights on traditional medicine knowledge and the implementation of Article 26 of Law No. 13 of 2016 on Patents (Patent Law year 2016). In the research results, it was mentioned that even though the TRIPs Agreement did not accommodate the traditional knowledge, the presence of Patent Law year 2016 complemented the Indonesian government's efforts to save the knowledge of traditional medicines from biopiracy and misappropriation. It is necessary to regulate the disclosure obligation in TRIPs agreement and further mechanism regarding benefit sharing and granting access to traditional medicines knowledge. AbstrakPaten merupakan salah satu cabang Hak Kekayaan Intelektual yang berfungsi untuk melindungi invensi di bidang teknologi, salah satunya obat-obatan. Maraknya kasus pencurian sumber daya genetik dan pengetahuan tradisional di bidang obat-obatan untuk tujuan komersialisasi menunjukkan bahwa pelindungan hak paten atas pengetahuan obat tradisional masih belum maksimal. Artikel ini merupakan hasil penelitian yuridis normatif yang didukung dengan data empiris, membahas mengenai pelindungan hak paten atas pengetahuan obat tradisional dan implementasi Pasal 26 Undang-Undang Nomor 13 Tahun 2016 tentang Paten (UU Paten 2016). Di dalam hasil penelitian, disebutkan meskipun Perjanjian Trade-Related Aspects of Intellectual Property Rights (TRIPs) belum mengakomodasi pengetahuan tradisional namun hadirnya UU Paten 2016 melengkapi usaha pemerintah Indonesia dalam menyelamatkan pengetahuan obat tradisional dari biopiracy dan misappropriation. Perlu pengaturan kewajiban disclosure di dalam Perjanjian TRIPs dan mekanisme lebih lanjut mengenai benefit sharing dan pemberian akses atas pengetahuan obat tradisional.

Intellectual Property Rights and the Protection of Africa's Traditional Knowledge

2017 ◽  
pp. 122-145
Author(s):  
Benjamin Enahoro Assay
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Digital Age ◽  
Digital Piracy ◽  
Industrialized Countries ◽  
The Media

This chapter examines the media, intellectual property rights and the protection of Africa's traditional knowledge in the digital age. It reviews literature on intellectual property, intellectual property rights, the various forms of intellectual property rights and the misappropriation and infringement on intellectual property rights, traditional knowledge, and media in digital age. The chapter provides perspectives on the issues and controversies on the non-protection of traditional knowledge within the existing frameworks of IP system and rules. It points out that the products of Africa's traditional knowledge are in dire need of protection against global competitors and therefore urges African governments to take advantage of the IP rules to negotiate with industrialized countries for the protection of their products. The chapter called for the enactment of tougher legislations to halt the menace of counterfeiting and digital piracy and deliberate use of the media to promote the products. It also made some recommendations that would help Africa defend its IP.

Changing Global Norms through Reactive Diffusion

2012 ◽  
Vol 77 (5) ◽  
pp. 831-853 ◽  
Author(s):  
Nitsan Chorev
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Negotiations ◽  
Reactive Diffusion ◽  
International Agreement ◽  
Global Norms ◽  
Aids Drugs ◽  
Original Interpretation

This article explores conditions under which global norms change. I use a case study in which the original interpretation of an international agreement on intellectual property rights was modified to address demands for improved access to affordable AIDS drugs. Conventional theories that focus on international negotiations cannot fully account for the events in this case. Drawing on the theory of recursivity and insights from the literature on diffusion, I suggest that shifts in global norms occur through reactive diffusion of policies across states. Experiences accumulated in this ongoing process of reinvention eventually lead to a new, globally accepted reinterpretation of the original obligation.

Sign in / Sign up

Export Citation Format

Share Document