scholarly journals A proteção do conhecimento tradicional no contexto da globalização do Direito

2019 ◽  
Vol 16 (31) ◽  
pp. 209
Author(s):  
Joaquim Shiraishi Neto
Keyword(s):  
Traditional Knowledge ◽  
Comparative Advantage ◽  
New Order ◽  
Provisional Measure ◽  
Nature Protection ◽  
Nagoya Protocol ◽  
Secondary Sources ◽  
Global Power ◽  
American Law ◽  
Rich Countries

Para atender os interesses de um “poder global difuso”, os países ricos em biodiversidade passaram a reformar suas leis de proteção da natureza, já que ela é tida como “vantagem comparativa” em relação aos demais países. O direito cumpre um papel estratégico nesse cenário, ao construir uma unidade global dos dispositivos, “homogeneizando” estruturas, leis e procedimentos; e legitimando essa nova ordem. No Brasil, as leis de proteção da natureza têm  sido reformadas, decompondo o seu conteúdo jurídico. Este artigo objetiva analisar a lei 13.123/2015, que se encontra inserida na lógica denominada “globalização do direito americano”. A pretexto da necessidade de reformar a medida provisória 2.186/2001, aquela lei modificou a proteção, o acesso e a repartição dos benefícios. A metodologia se baseou no levantamento e análise de dados de fontes secundárias, como documentos e tratados – especificamente: a Convenção sobre a Diversidade Biológica, o Protocolo de Nagoya, e o projeto da referida lei.Palavras-chave: Conhecimento tradicional. Biodiversidade. Protocolo de Nagoya. “Globalização do direito americano”. Pilhagem da natureza.The protection of traditional knowledge in the context of globalization of lawAbstractIn order meet the interests of a “diffuse global power”, biodiversity-rich countries have reformed their nature protection rights, as it is seen as a “comparative advantage” compared to other countries. The law plays a estrategic role in this scenario, by building a global unit of devices, “homogenizing” structures, righs and procedures; and legitimizing this new order. In Brazil, nature protection right have been reformed, breaking down their legal contente. This article aims to analyze right 13.123/2015, which is inserted in the logic called “globalization of american law”. Under the pretext of the need to reform provisional measure 2.186/ 2001, that right modified the protection, acess and distrbution of benefits. The methodology was based on the collection and analysis of data from secondary sources, such as documents and treaties – specifically: the convention on biological diversty, the nagoya protocol, and project of said right.Keywords: Traditional knowledge. Biodiversity. Protocol of Nagoya. Globalization of american law. Plunder of nature.

Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

2012 ◽  
Vol 19 (3) ◽  
pp. 401-422 ◽  
Author(s):  
Krishna Ravi Srinivas
Keyword(s):  
Informed Consent ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Indigenous Communities ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Prior Informed Consent ◽  
Knowledge Commons

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

scholarly journals Traditional forest-related knowledge and agrobiodiversity preservation: the case of the chagras in the Indigenous Reserve of Monochoa (Colombia)

2021 ◽  
Author(s):  
Maria Alejandra Hernandez Marentes ◽  
Martina Venturi ◽  
Silvia Scaramuzzi ◽  
Marco Focacci ◽  
Antonio Santoro
Keyword(s):  
Biodiversity Conservation ◽  
Traditional Knowledge ◽  
Indigenous Communities ◽  
Agroforestry Systems ◽  
Local Communities ◽  
Indigenous Populations ◽  
Governance System ◽  
Nature Protection ◽  
Wild Fruits ◽  
Deep Relationship

AbstractChagras are complex agroforestry systems developed by indigenous populations of the Amazon region based on shifting agriculture, as part of a system that includes harvesting of wild fruits and plants, hunting and fishing. During the centuries, thanks to their traditional knowledge, indigenous populations have developed a deep relationship with the surrounding environment, as, living in remote places, they must be self-sufficient. The result is the chagra, a system whose cycle is based on seven basic steps to establish a successful and sustainable system, starting from place selection and ending with the abandonment of the plot after harvesting of the products. After the abandonment, the forest starts to grow again to allow the agroecosystem to recover and to take advantage of the residual vegetal material to avoid erosion. The paper takes into consideration the Indigenous Reserve of Monochoa in Colombia as an example of how traditional knowledge can support a rich biodiversity conservation. Moreover, differently from other parts of the world where there is a growing contrast between indigenous communities and protected areas, in the Indigenous Reserve of Monochoa local communities have been recognized as the owners of the land. Results highlighted the crucial role of the indigenous communities for biodiversity conservation. The preservation and adaptation of traditional knowledge and practices, a decentralized autonomous governance system demonstrates that local communities not only can be part of ecosystems with unique biodiversity, but that they can represent the main actors for an active conservation of biodiversity. Agroforestry systems based on traditional forest-related knowledge can therefore be an effective alternative to biodiversity and ecosystem services conservation based on strict nature protection where humans are perceived as a negative factor.

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.

scholarly journals Nepal-China-India: Prospects and Challenges of Trilateralism

2019 ◽  
Vol 19 ◽  
pp. 1-20
Author(s):  
Bhim Nath Baral
Keyword(s):  
Developing Country ◽  
International System ◽  
Geographical Proximity ◽  
Important Place ◽  
Secondary Sources ◽  
Competition And Cooperation ◽  
China And India ◽  
The Past ◽  
Global Power

Competition and cooperation are the major characters of international system. China and India exactly are in the same position. They are in the race of being global power. They have very bitter experience of relation in the past as both countries fought the war in 1962 and several issues are still unsolved. However, time has come to be global players which is impossible without the support of immediate neighbors. Nepal, though is a small land- locked developing country, is located in strategically important place. A stable and prosperous Nepal can contribute to healthy relation between China and India. In spite of some issues of controversies, there is prospect of trilateral cooperation because of geographical proximity, culture, civilization, trade, investment, transportation tourism and similar other factors. This accounts to the need of joining hands and developing trilateral cooperation. So, this article aims to access the prospects and challenges of trilateralism between China, India and Nepal. The data required are obtained from secondary sources and are descriptive and analytical.

scholarly journals Awareness of the Convention on Biological Diversity and provisions regarding access and benefit sharing among multiple stakeholder groups in Bhutan

Oryx ◽  
2019 ◽  
Vol 54 (5) ◽  
pp. 735-742
Author(s):  
Sonam Wangyel Wang ◽  
Woo Kyun Lee ◽  
Jeremy Brooks ◽  
Chencho Dorji
Keyword(s):  
Rural Communities ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Structured Interviews ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Stakeholder Groups

AbstractAs part of the Convention on Biological Diversity (CBD), the Nagoya Protocol on Access and Benefit Sharing calls for ‘fair and equitable sharing of benefits’ derived from the use of genetic resources and traditional knowledge. However, implementation of the Convention and the Nagoya Protocol has been challenged by the inadequacies of existing policies, lack of national-level frameworks, and inadequate knowledge among stakeholders. We used focus group meetings and structured interviews with rural communities, government representatives, researchers and Members of Parliament in Bhutan to collect data on awareness, knowledge and perceptions of components of the CBD related to access and benefit sharing. Our study indicated generally low levels of awareness about most components of the Convention, particularly among rural residents. Although local people in rural communities feel that benefits derived from local biological resources and traditional knowledge should be shared, there is uncertainty about who owns these resources. These results indicate that there is an urgent need to develop educational and awareness programmes, using a variety of media, to target particular stakeholder groups, with emphasis on residents in rural communities. This could empower local communities to participate meaningfully in decision-making processes to develop Bhutan's national access and benefit sharing framework, and to allow them to benefit from the conservation and sustainable use of local resources.

Conditional Convergence and the Rise of China: A Political Economy Approach to Understanding Global Power Transitions

2020 ◽  
Author(s):  
Michael Beckley
Keyword(s):  
United States ◽  
The United States ◽  
Power Transition ◽  
Conditional Convergence ◽  
Poor Countries ◽  
Global Power ◽  
Rise Of China ◽  
Growth Prospects ◽  
Rich Countries ◽  
The Rise Of China

Abstract Many scholars predict that China will soon challenge the United States for global primacy. This prediction is largely based on power transition theory, which assumes that rising challengers inevitably “converge” economically and militarily with reigning hegemons. Economists, however, have shown that convergence is a conditional process: sometimes poor countries grow faster than rich countries, but sometimes they fall further behind. Determining whether a US-China power transition will occur in the years ahead, therefore, requires specifying the drivers of long-term economic growth and assessing each country's growth prospects in light of these factors. This article does exactly that. Drawing on recent research in economics, I show that there are three main growth drivers—geography, institutions, and demography—and that the United States scores highly across these factors whereas China suffers from critical weaknesses. These results suggest that a US-China power transition is unlikely.

scholarly journals How to regulate access and benefit-sharing: Stakeholder insights on provider country legislation

2019 ◽  
Vol 3 ◽  
Author(s):  
Ays Sirakaya
Keyword(s):  
Genetic Resources ◽  
Environmental Sustainability ◽  
Biological Diversity ◽  
Regulatory Mechanisms ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
National Implementation ◽  
Rich Countries

The over-arching aim of the access and benefit-sharing (ABS) of genetic resources under the Convention on Biological Diversity (CBD) and the Nagoya Protocol is to enable fair distribution of benefits between the users (such as universities and biotech companies) and providers (such as biodiversity-rich countries) so as to both open the doors for innovation and create incentives for biodiversity conservation. Access to genetic resources is crucial not only for research related to conservation of genetic resources, but essential to many different research disciplines in general. Therefore, access to genetic resources in general as well as benefit-sharing from that access is a key element of the United Nations Sustainable Development Goal 15 Target 6 of the and in order to secure research as well as environmental sustainability and resource availability. ABS is a rapidly developing and evolving field that is shaped by the implementation of the Parties. This means that the national implementation of the Parties determines how ABS goals are realised and how ABS principles find form within regulatory mechanisms. These principles are found in international legal documents such as the CBD as well as the Nagoya Protocol. Additionally, decisions and guidelines drafted by the Conference of the Parties to the Convention on Biological Diversity shape these principles that are then to be fulfilled by the Parties when drafting their ABS laws by means of implementing these principles into their national legal systems. This article reviews a portion of these national ABS laws, implemented by provider countries throughout the world with the aim of describing the different types of regulatory mechanisms provider countries use. This descriptive approach is then followed by an empirical comparative analysis through semi-structured stakeholder interviews in order to identify the most beneficial regulatory mechanisms according to ABS experts that belong in four different stakeholder groups (provider countries, academic users, industrial users and collections).

Sign in / Sign up

Export Citation Format

Share Document