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Indigenous Heritage and Intellectual Property - Genetic Resources, Traditional Knowledge and Folklore (Hardcover, 2nd New edition)
Loot Price: R7,112
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Indigenous Heritage and Intellectual Property - Genetic Resources, Traditional Knowledge and Folklore (Hardcover, 2nd New edition)
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For indigenous cultures, property is an alien concept. Yet the
market-driven industries of the developed world do not hesitate to
exploit indigenous raw materials, from melodies to plants, using
intellectual property law to justify their behaviour. Existing
intellectual property law, for the most part, allows industries to
use indigenous knowledge and resources without asking for consent
and without sharing the benefits of such exploitation with the
indigenous people themselves. It should surprise nobody that
indigenous people object. Recognizing that the commercial
exploitation of indigenous knowledge and resources takes place in
the midst of a genuine and significant clash of cultures, the eight
contributors to this important book explore ways in which
intellectual property law can expand to accommodate the interests
of indigenous people to their traditional knowledge, genetic
resources, indigenous names and designations, and folklore.In so
doing they touch upon such fundamental issues and concepts as the
following: collective rights to the living heritage; relevant human
rights norms; benefit-sharing in biological resources; farmers
rights; the practical needs of documentation, assistance, and
advice; the role of customary law; bioprospecting and biopiracy;
and public domain. As a starting point toward mutual understanding
and a common basis for communication between Western-style
industries and indigenous communities, "Indigenous Heritage and
Intellectual Property" is of immeasurable value.It offers not only
an in-depth evaluation of the current legal situation under
national, regional and international law including analyses of the
Convention on Biological Diversity and other international
instruments, as well as initiatives of the World Intellectual
Property Organization (WIPO), the UN Food and Agriculture
Organization (FAO), and other international bodies but also probes
numerous further possibilities. While no one concerned with
indigenous culture or environmental issues can afford to ignore it,
this book is also of special significance to practitioners and
policymakers in intellectual property law in relation to indigenous
heritage. This book, here in its second edition, presents the most
recent state of knowledge in the field.
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