Traditional knowledge: protecting the intangible and tracing the development of international protection for folklore

2018 ◽  
pp. 216-229
Author(s):  
Stephen Collins
Keyword(s):  
Traditional Knowledge ◽  
International Protection

scholarly journals Protection of Traditional Knowledge: Trade Barriers and the Public Domain

2017 ◽  
Author(s):  
David R. Hansen
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
The United States ◽  
Public Domain ◽  
Trade Barriers ◽  
Motivating Factors ◽  
International Protection ◽  
The Public ◽  
Indigenous Groups ◽  
The Right

In recent years, developing nations have pushed for international copyright and other intellectual property regimes to expand protection over the cultural heritage and collective knowledge of particular indigenous groups. These “traditional knowledge” protections have been justified by factors like economic protection, equity in intellectual property ownership, cultural protection, and economic development. These motivating factors are a far cry from the underpinnings of traditional Western intellectual property law - and in particular, U.S. copyright law - which focuses on incentivizing the creation of new content for the promotion of “the Progress of Science and useful Arts.” Because of these differing justifications, traditional knowledge protections at the international level have generated some degree of friction between the developed and the developing world. So far, much of the debate focuses on the “political” and “real” costs and benefits of traditional knowledge rights, but there is little discussion of the legal consequences of current protections. Given the underlying ideological conflict, some legal dissension is likely to occur regarding enforcement and protection of traditional knowledge rights. This paper examines “positive” traditional knowledge protections, which provide copyright-like rights over content, including the right exclude, license, and profit from these works. In many cases these protections regulate works that Western eyes would view as in the public domain. Initiatives to provide international protection for traditional knowledge expressions have blithely proceeded without much regard for the potential consequences under existing international law. This paper makes the point that at least some existing traditional knowledge protections not only conflict with IP-policy norms of the United States and the European Community, but also that these protections violate the very terms of TRIPS and GATT. As work toward international protection of traditional knowledge progresses, policy makers should be aware of these legal incompatibilities and how they evidence the deep conflict between expansive traditional knowledge protections and Western IP policy.Cite as David R. Hansen, Protection of Traditional Knowledge: Trade Barriers and the Public Domain, 58 J. Copyright Soc’y U.S.A. 757 (2011)

International Protection of Investments

2020 ◽  
Author(s):  
August Reinisch ◽  
Christoph Schreuer
Keyword(s):  
International Protection

Birlikte Yaşama Kültürü Çerçevesinde Avrupa Birliği ve Türkiye Politikaları: Suriyelilere Yönelik Tutumun Sultanbeyli Örneği Üzerinden Değerlendirilmesi

2017 ◽  
Vol 4 (1) ◽  
pp. 41-61
Author(s):  
Pelin Sönmez ◽  
Abulfaz Süleymanov
Keyword(s):  
Civil Wars ◽  
Large Scale ◽  
Social Acceptance ◽  
Point Of View ◽  
The Other ◽  
Syrian Refugees ◽  
The European Union ◽  
International Protection ◽  
Legal Structure ◽  
Turkish People

Türkiye, Cumhuriyet tarihinin en yoğun zorunlu göç dalgasını 2011 yılından bu yana süren Suriye Savaşı ile yaşamaktadır. Suriye vatandaşlarının geçici koruma statüsü altında Türkiye toplumuna her açıdan entegrasyonları günümüzün ve geleceğin politika öncelikleri arasında düşünülmelidir. Öte yandan ülkeye kabul edilen sığınmacıların kendi kültürel kimliğini kaybetmeden içinde yaşadığı ev sahibi topluma uyumu, ortak yaşam kültürünün gelişmesi açısından önem arz etmektedir. Bu makalede, "misafir" olarak kabul edilen Suriyeli vatandaşların Türk toplumunca kabul edilmeleri ve dışlanma risklerinin azaltılmasına yönelik devlet politikaları ortaya konularak, üye ve aday ülkelere göçmenlerin dışlanmasını önlemek için Avrupa Birliği (AB) tarafından sunulan hukuki yapı ve kamu hizmeti inisiyatifleri incelenmekte, birlikte yaşam kültürü çerçevesinde Suriyeli vatandaşlara yönelik  toplumsal kabul düzeyleri ele alınmaktadır. Çalışma iki ana bölümden oluşmaktadır: göçmen ve sığınmacılara karşı toplumsal dışlanmayı engellemek için benimsenen yasa ve uygulamaların etkisi ve İstanbul-Sultanbeyli bölgesinde Suriyeli sığınmacılarla ilgili toplumsal algı çalışmasının sonuçları. Bölgede ikamet eden Suriyelilere yönelik toplumsal kabul düzeyinin yüksek olduğu görülürken, halkın Suriyelileri kendilerine  kültürel ve dini olarak yakın hissetmesi toplumsal kabul düzeyini olumlu etkilemektedir. ABSTRACT IN ENGLISHAn evaluation of the European Union and Turkish policies regarding the culture of living togetherThis article aims to determine the level of social acceptance towards Syrians within the context of cohabitation culture by evaluating EU’s legal structure and public service initiatives in order to prevent Syrian refugees from being excluded in member and candidate countries and by revealing government policies on acceptance of Syrians as “guest” by Turkish society and minimizing the exclusion risks of them. This article consists of two main parts, one of which is based on the effects of law and practices preventing refugees and asylum seekers from social exclusion, and the other is on the results of social perception on Syrians in Sultanbeyli district of Istanbul. At the end of 5-years taking in Syrian War, it is obvious that most of more than 3 million Syrian with unregistered ones in Turkey are “here to stay”. From this point of view, the primary scope of policies should be specified in order to remove side effects of refugee phenomenon seen as weighty matter by bottoming out the exclusion towards those people. To avoid possible large-scale conflicts or civil wars in the future, the struggle with exclusion phenomenon plays a crucial role regarding Turkey’s sociological situation and developing policies. In the meaning of forming a model for Turkey, a subtitle in this article is about public services for European-wide legal acquis and practices carried out since 1970s in order to prevent any exclusion from the society. On the other hand, other subtitles are about legal infrastructure and practices like Common European Asylum and Immigration Policies presented in 2005, and Law on Foreigners and International Protection introduced in 2013. In the last part of the article, the results of a field survey carried out in a district of Istanbul were used to analyze the exclusion towards refugees in Turkey. A face-to-face survey was randomly conducted with 200 settled refugees in Sultanbeyli district of Istanbul, and their perceptions towards Syrian people under temporary protection were evaluated. According to the results, the level of acceptance for Syrians living in this district seems relatively high. The fact that Turkish people living in the same district feel close to Syrian refugees culturally and religiously affect their perception in a positive way: however, it is strikingly seen and understood that local residents cop an attitude on the refugees’ becoming Turkish citizens.

Agroforestry practices in leasehold forests in Tanahun, a Mid-hill district of Western Nepal

1970 ◽  
Vol 16 (2) ◽  
pp. 45-49
Author(s):  
R Shakya ◽  
SK Baral ◽  
R Basukala ◽  
S Khanal
Keyword(s):  
Key Words ◽  
Traditional Knowledge ◽  
Poverty Alleviation ◽  
Technical Information ◽  
Environmental Conservation ◽  
Forest Product ◽  
Degraded Lands ◽  
Hill District ◽  
Dual Objectives ◽  
Agroforestry Practices

(Author of this paper, S Khanal was omitted in error - added on 29-3-2010)Leasehold forestry in Nepal has sought to address both poverty alleviation and environmental conservation. The major agroforestry practices observed in the leasehold forests were silvopasture, hortisilviculture and Non Timber Forest Product (NTFP) cultivation. The most prominent problem to the users in adopting agroforestry practices was the lack of technical information. Some successful insights observed suggest that agroforestry has a notable potential to address dual objectives of poverty alleviation and conservation. The need to evolve sustainable mechanism for promoting agrofrorestry in degraded lands through the dissemination of useful traditional knowledge, innovative practices and improved technologies was identified. Key words: Leasehold forest; agroforestry; silvopasture; hortisilviculture; NTFP Banko Janakari Vol.16(2) 2006 pp.45-49

AVALIAÇÃO DO CONHECIMENTO TRADICIONAL DOS PESCADORES DA RDSM APLICADO À IDENTIFICAÇÃO DO SEXO DE PIRARUCUS

2010 ◽  
Vol 5 (2) ◽  
pp. 59-66
Author(s):  
Kelven Lopes ◽  
Helder Lima de Queiroz
Keyword(s):  
Sex Determination ◽  
Traditional Knowledge ◽  
Structured Interviews ◽  
Sustainable Fisheries ◽  
Arapaima Gigas ◽  
Males And Females

This study examined the traditional knowledge of fishermen at Mamirauá Reserve about sex determination of pirarucus, Arapaima gigas Schinz 1822. We evaluated the criteria used for by fishermen in the sector Jarauá at Mamirauá Reserve for this determination, during the fisheries season, from October to November 2004. We analyzed responses of a group of about 15 fishermen collected in structured interviews regarding 109 individual pirarucus, 65 males and 44 females. From this sample, only 64 fish have their sex correctly predicted by the fishermen. Although the traditional knowledge of local fishermen is a key component of the sustainable fisheries of this species, this knowledge is not functional in all ranges and aspects, as in sex distinction. We found that the local fishermen evaluated are not able to recognize the sex of pirarucus, although some criteria applied for this purpose are consistent with their biology. The rates of correct forecasts for recognition of males and females were similar to those obtained by chance, even when the criteria applied were consistent, as the criterion “coloration”, which was significantly consistent for identification of males. Yet the group of fishermen interviewed in this study apparently did not apply this criterion correctly.

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