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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region (Hardcover)
Loot Price: R6,268
Discovery Miles 62 680
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Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region (Hardcover)
Expected to ship within 10 - 15 working days
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Among the many contentious matters thrown up by the relentless
march of economic globalization, those forms of knowledge variously
known as 'indigenous' or 'traditional' remain seriously threatened,
despite numerous transnational initiatives and highly publicized
debate. It is not proving easy to bring these holistic worldviews
into accordance with the technical terms and classifications of
intellectual property law. The contributions in this volume
contrast efforts to find solutions and workable models at the
international and regional level with experiences on the ground.
Legal policies related to 'indigenous knowledge' in settler
societies such as Australia and New Zealand are compared with those
in densely populated neighbouring countries in Asia, where
traditional knowledge is often regarded as national heritage. While
many of the chapters are written by lawyers using an
interdisciplinary approach, other chapters introduce the reader to
perspectives from disciplines such as legal sociology and
anthropology on controversial issues such as the understandings of
'art,' 'culture,' 'tradition,' 'customary law' and the
opportunities for traditional cultural knowledge and traditional
cultural expressions in an Internet environment. Experienced
observers of the international debate and regional experts discuss
international model laws as well as legislation at regional and
national level and the role of customary law. Topics covered
include the following and much more: - the concept of 'farmers'
rights'; - biodiscovery and bioprospecting; - traditional knowledge
as a commodity; - encounters between different legalities; -
geographical indications; - registration requirements; - sanctions,
remedies, and dispute resolution mechanisms; - the ongoing
fragmentation and loss of traditional knowledge; and - systems of
data collection. The authors provide practical proposals for
solutions and models as well as empirical studies of their
implementation in various countries. Given the scope for conflict
about the merits of various definitions of the subject matter and
the circle of beneficiaries, this book will be of great interest to
intellectual property lawyers, representatives of indigenous/local
communities and NGOs, policy makers at all levels, and students of
comparative and international intellectual property law and of law
and development.
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