scholarly journals Protection of Traditional Knowledge: Finding an Appropriate Legal Framework for Bangladesh

2021 ◽  
Vol 31 (1) ◽  
pp. 29-48
Author(s):  
Mohammad Towhidul Islam ◽  
Moniruz Zaman
Keyword(s):  
Traditional Knowledge ◽  
Legal Framework

Abstract not available Dhaka University Law Journal, Vol. 31, 2020 P.29-48

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

Geographical Indications, Biodiversity and Traditional Knowledge: Obligations and Opportunities for the Kingdom of Saudi Arabia

2012 ◽  
Vol 26 (1) ◽  
pp. 99-119
Author(s):  
Myra E.J.B. Williamson
Keyword(s):  
Saudi Arabia ◽  
Traditional Knowledge ◽  
Legal Framework ◽  
International Perspective ◽  
Geographical Indications ◽  
Property Law ◽  
Kingdom Of Saudi Arabia ◽  
Legal Obligations ◽  
International Laws ◽  
The Relationship

Abstract This article examines the Kingdom of Saudi Arabia’s legal obligations in one area of intellectual property law, namely, geographical indications (GI). It considers the opportunities for improving the existing legal framework from both a domestic and an international perspective. After an introduction, Section 2 presents a survey of the existing domestic and international laws pertaining to the protection of GIs. Section 3 outlines the relationship between GIs, biodiversity and traditional knowledge. Section 4 summarizes some of the latest developments and points of debate regarding increased protection of GIs. Finally, Section 5 puts forward several recommendations for improving the protection of GIs in the Kingdom of Saudi Arabia.

scholarly journals Indonesia’s Traditional Knowledge Documentation in Intellectual Property Rights’ Perspective

2018 ◽  
Vol 2 (1) ◽  
pp. 110
Author(s):  
Dwi Tiara Kurnilasari ◽  
Annalisa Yahanan ◽  
Rohani Abdul Rahim
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Communities ◽  
Legal Framework ◽  
Vital Role ◽  
Financial Benefit ◽  
Documentation System ◽  
Knowl Edge ◽  
Protection Method ◽  
Knowledge Protection ◽  
Tion System

Indonesia is a fertile place for traditional knowledge with more than 300 ethnical group inhabitants. Therefore, it is not surprising to know that Indonesia has the enormous potential of tradi-tional knowledge. However, Indonesia is still has some problems in legal framework to protect it. The research applies doctrinal research method. The problems that will be discussed in this article is what type of traditional knowledge documentation system that used in Indonesia and how it is performed in order to protect traditional knowledge. There are few goals from this research which are to find out about Indonesia's traditional knowledge documentation system and to compare it with other countries that also use documentation as the protection method. As a result, traditional knowledge documenta-tion system used in Indonesia is external registries which are done by parties outside the indigenous communities (Government, Academist, and NGO) and the information about traditional knowledge is placed in public domain. Even though it has not perfectly documented like India's Traditional Knowl-edge Digital Library, Indonesia has documented few of its traditional knowledge such as Songket pat-tern that belongs to South Sumatera. It could be summarized that traditional knowledge documenta-tion has a vital role as one of the most practical methods to perform traditional knowledge protection. In order to protect traditional knowledge, these documented activities need to be enhanced so it could give the financial benefit to indigenous communities as its owner.

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

Negotiating the Intellectual Property Protocol under the Agreement Establishing the African Continental Free Trade Area: Priorities and Opportunities for Nigeria

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Adebambo Adewopo ◽  
Desmond Oriakhogba ◽  
Chijioke Okorie
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Free Trade ◽  
Intellectual Property Rights ◽  
Free Trade Area ◽  
Legal Framework ◽  
Benefit Sharing ◽  
Trade Area ◽  
Economic Assets

Abstract Early March 2021, following its ratification of the Agreement Establishing the African Continental Free Trade Area (AfCFTA agreement), Nigeria’s National Office of Trade launched a consultative process into issues constituting the country’s priorities as it prepares to participate in the negotiation of the AfCFTA agreement’s protocol on intellectual property rights (IPRs). We contributed a position paper to that process, with a focus on key policy considerations that should form Nigeria’s negotiation priorities on IPRs. This article describes some of the most important points of our submission and concludes by stressing that the broad policy focus should be to champion initiatives that promote Nigeria’s national interest and, at the same time, recognize and accommodate the ideals of inclusiveness, openness, and collaboration within the context of the AfCFTA. In this regard, the paper recommends that Nigeria should prioritize negotiations in recognition of her strongest economic assets in copyright-related sectors and focus on institutional capacity-building for its patent and technology transfer offices so that Nigeria can effectively take advantage of the relevant Trade-Related Aspects of Intellectual Property Rights flexibilities locally. Nigeria can learn from South Africa in domesticating the appropriate legal framework for benefit sharing and the general protection of traditional knowledge and genetic resources. The Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore 2010, the Arusha Protocol for the Protection of New Varieties of Plants 2015, and the African Union model law for the protection of the rights of local communities, farmers, breeders, and for the regulation of access to biological resources offer relevant guidance.

Biopiracy of Plant Resources and Sustainable Traditional Knowledge System in Africa

2019 ◽  
Vol 8 (2) ◽  
pp. 162-181
Author(s):  
Patrick Agejoh Ageh ◽  
Namrita Lall
Keyword(s):  
Traditional Knowledge ◽  
Indigenous Communities ◽  
Legal Framework ◽  
Knowledge System ◽  
New Drugs ◽  
Plant Resources ◽  
For Profit ◽  
Pharmaceutical Firms ◽  
Patent Rights ◽  
Traditional Knowledge System

The relationship between plant resources and traditional communities in Africa is inseparable. For centuries, indigenous communities have been depending on their cultural innovations and practices for health and food. Plant resources are part of the traditional knowledge system of indigenous communities in Africa. Colonialism and the scramble for Africa led to plant resources being opened to bioprospecting by western scientists and multinational pharmaceutical firms. They engage in secluded locations around Africa in order to find ‘new drugs from exotic plants’ for profit-making or patent rights. The advent of technology has witnessed a lot of illegal exploitation and commercialization of plant resources (biopiracy). The traditional knowledge system is being eroded with disregard to the welfare of the owners of the knowledge to sustainably manage it. The paper looks at the challenges, the existing legal framework to appreciate if it’s adequate to ensure the sustainability of the traditional knowledge system in Africa.

scholarly journals MENAKAR PELUANG PELINDUNGAN INDIKASI GEOGRAFIS PADA BIDANG JASA DALAM KERANGKA HUKUM INDONESIA: SEBUAH DIAGNOSA AWAL

2021 ◽  
Vol 13 (1) ◽  
pp. 47-60
Author(s):  
Muh. Ali Masnun
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Service Sector ◽  
Legal Protection ◽  
Legal Framework ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Protection Theory

The protection of geographical indications in Indonesia is still limited to the goods sector, but not yet for the service sector. The purpose of this study is to analyze the opportunities for the protection of geographical indications in the service sector within the legal framework in Indonesia. This research is a doctrinal research using a conceptual and statute approachs. The results of the study can be concluded that the opportunity for protection of geographical indications in the service sector is very good with an argument consisting of 4 aspects, including the provisions of the TRIPS agreement which are open, the potential for uniqueness of the region. based services, protection through the relative geographical indications still has weaknesses, and protection through communal intellectual property (traditional knowledge) is also relatively weak. The opportunities for the protection of geographical indications are also very relevant to several legal protection theories, including: predictive and anticipatory legal protection theory, integrative and coordinative theory, and social ownership theory.

Еnforcement of Property Rights and Conractual Obligations

2003 ◽  
pp. 83-100 ◽  
Author(s):  
A. Radygin ◽  
R. Entov
Keyword(s):  
Property Rights ◽  
Legal Framework ◽  
Economic Consequences ◽  
Theoretical Approaches ◽  
Contractual Obligations ◽  
Regional Authorities ◽  
Practical Recommendations

The paper deals with theoretical approaches to the problems of property rights and contractual obligations and with analysis of economic consequences of the imperfect enforcement system. In particular, the authors consider Russian experience in the sphere of corporate conflicts. Legal and practical recommendations related to the improvement of legal framework, judiciary reform, executory process and different federal and regional authorities are also presented.

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