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Legal Protection for Traditional Knowledge - Towards a New Law for Indigenous Intellectual Property (Paperback)
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Legal Protection for Traditional Knowledge - Towards a New Law for Indigenous Intellectual Property (Paperback)
Series: Emerald Points
Expected to ship within 10 - 15 working days
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Many aboriginal communities in the Global South depend for their
livelihoods on the vast supply of bio-resources around them, but
multinational corporations (MNCs) are not always ethical in their
dealings with these communities. MNCs often pirate and patent
communal, traditional knowledge, thereby "acquiring" intellectual
property potentially worth hundreds of millions of dollars almost
free of cost. Aboriginal communities face steep uphill legal
battles in these cases. Here Anindya Bhukta explores the porous
legal relations between traditional knowledge and current
intellectual property law. Focusing on aboriginal communities in
India, Bhukta explains how India, like other resource-rich
countries, has spent millions trying to revoke US-issued patents on
knowledge gained from aboriginal communities using existing IPR
legislation. He demonstrates that existing IPR laws do not provide
full legal protection in such cases - a fact acknowledged by the
World Trade Organization when it categorically asked for a sui
generis law to be developed for precisely these purposes - and he
suggests just such a new law that could offer more robust legal
protection for aboriginal communities wishing to capitalize on
their own accomplishments. In so doing, Bhukta calls attention to
the vital contributions that aboriginal communities make to global
development. Legal Protection for Traditional Knowledgeis a
must-read for researchers in economics, development studies, and
international law, and especially those with an interest in the
intellectual property status of traditional knowledge.
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