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Patents as Protection of Traditional Medical Knowledge? - A Law and Economics Analysis (Paperback, New)
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Patents as Protection of Traditional Medical Knowledge? - A Law and Economics Analysis (Paperback, New)
Series: European Studies in Law and Economics, 10
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The protection of traditional knowledge and the practices of local
and indigenous groups have been discussed in various forums in
recent times. International agreements - such as the Convention on
Biological Diversity - address the importance of protecting
traditional knowledge and practices, recognizing that this
knowledge bears immense value in terms of its contribution to the
conservation of biological diversity and its inputs to research and
development in various fields. Experiences of the past - for
example, the use of the Neem tree and the Turmeric plant - show
that the benefits of traditional knowledge applications are
allocated mainly to the follow-on developers and rarely to the
original suppliers of the knowledge and practices. In the long
term, this may result in restricted access to traditional knowledge
to the detriment of social welfare. This book examines traditional
knowledge protection in the area of traditional medical knowledge,
which is often utilized in contemporary medicine and, consequently,
is subject to patent protection. The book provides a comparative
view of the current patent regimes in major economies -
specifically the US and the EU - and the consequences of the
application of these laws to traditional medical knowledge and
follow-on innovation, as well as the impact on underlying economic
principles and opposing interests. The economic analysis of law is
used to evaluate the current situation by comparing the effects of
adapted patent regimes to alternative liability regimes or
contractual agreements. This comparative and interdisciplinary
approach gives valuable insights and inputs for future discussion.
(Series: European Studies in Law and Economics - Vol. 10)
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