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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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The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property (Hardcover)
Loot Price: R3,410
Discovery Miles 34 100
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The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property (Hardcover)
Series: Cambridge Intellectual Property and Information Law
Expected to ship within 12 - 19 working days
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The relationships between international intellectual property
treaties, the United Nations international environmental treaties
(first and foremost the Convention on Biological Diversity), the
relevant customary norms and soft law form a complex network of
obligations that sometimes conflict with each other. The first set
of treaties creates private rights while the latter affirms the
sovereignty rights of States over genetic resources and related
knowledge and creates international regimes of exploitation of the
same. Jonathan Curci proposes solutions to the conflicts between
treaties through the concept of 'mutual supportiveness', including
the construction of a national-access and benefit-sharing regime,
mandatory contractual provisions in relevant international
contracts, a defensive protection when genetic resource-related
traditional knowledge is unjustly patented through the analysis of
the concepts of 'ordre public and morality', 'certificate of
origin' in the patent application and 'novelty-destroying prior
art' and positive protection through existing and sui generis
intellectual property rights and misappropriation regimes.
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