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.

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.

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.

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 Effective factors to encourage the foreign direct investment in Iraq

2018 ◽  
Vol 162 ◽  
pp. 02038
Author(s):  
Shahla Mohammad Ali
Keyword(s):  
Foreign Direct Investment ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
World Bank ◽  
Direct Investment ◽  
Banking System ◽  
Effective Factors ◽  
World Bank Report ◽  
The World

Foreign direct investment in Iraq cannot take its complete role for different reasons, such as: Lack of security, Corruption, Lack of Transparency, Unequipped banking system, undeveloped arbitration law, Intellectual Property Rights (IPR) issue, and internal disputes over oil rights. It was found that Iraq rates as one of the worst places in the world to do business, languishing at 166 out of 183 countries, according to a World Bank report and for starting a business Iraq ranks even lower

scholarly journals The Ourobouros of Intellectual Property: Ethics, Law, and Policy in Africa

2007 ◽  
Vol 7 ◽  
pp. 253-262
Author(s):  
Sandra Braman
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Effective Leadership ◽  
Information Access ◽  
Global Leadership ◽  
Technological Innovations ◽  
Ethical Practices ◽  
Law And Policy ◽  
Innovative Techniques

Because law, policy, and ethics are multiply intertwined, developments in any one of these areas can affect what happens in each of the others. Thus those interested in African information ethics will find it valuable to examine trends in law and policy – and those concerned about legal trends should acknowledge effective leadership when it comes from the direction of ethical practices. Though African societies are almost always pictured as receivers of social, informational, and technological innovations that come from other sources, today many Africans are providing global leadership by developing innovative techniques for approaching the problem of information access. This article describes the context within which this is taking place, including a brief introduction to innovations in a number of areas, before looking in particular at innovations involving intellectual property rights that blend law, policy, and ethics.

scholarly journals The COVID-19 Vaccine and the Future of International Laws in Business, Travel, and Trade

2021 ◽  
Vol 8 (2) ◽  
pp. 183-198
Author(s):  
Melanie Lane
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Business Travel ◽  
The World ◽  
The Future ◽  
International Laws ◽  
New Challenges ◽  
Current Systems

Since COVID-19, the world has been constantly evolving to adapt. Finding a cure quickly became the focus worldwide which altered set approaches to intellectual property rights. Additionally, creating a controversial vaccine has led to several more questions for the future. With varying vaccines and standards throughout the world, travel, business, and trade may face new challenges which change the current systems.

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.

scholarly journals Not Tripping over TRIPS: An Analysis of Necessity and Legality of the COVID-19 TRIPS Waiver Proposal

2022 ◽  
Vol 10 (5) ◽  
pp. 61-65
Author(s):  
Ahan Gadkari ◽  
◽  
Sofia Dash ◽  
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Vaccine Development ◽  
Pharmaceutical Manufacturing ◽  
The World ◽  
Fair Distribution

The availability of vaccinations against COVID-19 provides hope for containing the epidemic, which has already claimed over 2.84 million lives. However, inoculating millions of individuals worldwide would need large vaccine manufacturing followed by fair distribution. A barrier to vaccine development and dissemination is the developers' intellectual property rights. India and South Africa have jointly sought to the World Trade Organization that certain TRIPS rules of COVID-19 vaccines, medicines, and treatments be waived. This piece argues for such a waiver, highlighting the unique circumstances that exist. It believes that TRIPS's flexibilities are inadequate to cope with the present epidemic, particularly for nations without pharmaceutical manufacturing competence.

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