The protection of traditional indigenous knowledge by intellectual property law

Nonfiction, Reference & Language, Law, International
Cover of the book The protection of traditional indigenous knowledge by intellectual property law by Julia Honds, GRIN Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Julia Honds ISBN: 9783638878920
Publisher: GRIN Publishing Publication: December 18, 2007
Imprint: GRIN Publishing Language: English
Author: Julia Honds
ISBN: 9783638878920
Publisher: GRIN Publishing
Publication: December 18, 2007
Imprint: GRIN Publishing
Language: English

Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington (Faculty of Law), 47 entries in the bibliography, language: English, abstract: Indigenous people often know a lot about the healing properties or other useful characteristics of their indigenous plants. This knowledge usually has been passed on within the indigenous community from generation to generation and is therefore regarded as traditional knowledge. This traditional knowledge is of great value for the pharmaceutical industry. Accordingly, it has been explored, used as the basis for subsequently patented in-ventions, and sometimes misappropriated by pharmaceutical companies from the 'developed' world. This essay seeks to provide an overview of the problems and issues that arise where traditional knowl-edge meets the 'Western' intellectual property regime. The questions that are sought to be answered are: Why should traditional knowledge be protected as intellectual property and how could this be done? Many approaches have been made, both on an international and a national level. Several of these solutions will be presented and discussed in this essay. It will be seen that already existing intellectual property rights are not suitable for the protection of traditional knowledge. Compared with this, the implementation of safeguards within patent applica-tion proceedings seems to be more appropriate and effective. However, this approach turns out to be not com-prehensive enough. Therefore, this essay recommends the protection of traditional knowledge by an intellectual property right sui generis, specially designed for that purpose. This solution is favourable because it is the most complete one, is able to address all issues in an appropriate way, and can strike a balance between the involved conflicting interests.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Research Paper (undergraduate) from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: A-, Victoria University of Wellington (Faculty of Law), 47 entries in the bibliography, language: English, abstract: Indigenous people often know a lot about the healing properties or other useful characteristics of their indigenous plants. This knowledge usually has been passed on within the indigenous community from generation to generation and is therefore regarded as traditional knowledge. This traditional knowledge is of great value for the pharmaceutical industry. Accordingly, it has been explored, used as the basis for subsequently patented in-ventions, and sometimes misappropriated by pharmaceutical companies from the 'developed' world. This essay seeks to provide an overview of the problems and issues that arise where traditional knowl-edge meets the 'Western' intellectual property regime. The questions that are sought to be answered are: Why should traditional knowledge be protected as intellectual property and how could this be done? Many approaches have been made, both on an international and a national level. Several of these solutions will be presented and discussed in this essay. It will be seen that already existing intellectual property rights are not suitable for the protection of traditional knowledge. Compared with this, the implementation of safeguards within patent applica-tion proceedings seems to be more appropriate and effective. However, this approach turns out to be not com-prehensive enough. Therefore, this essay recommends the protection of traditional knowledge by an intellectual property right sui generis, specially designed for that purpose. This solution is favourable because it is the most complete one, is able to address all issues in an appropriate way, and can strike a balance between the involved conflicting interests.

More books from GRIN Publishing

Cover of the book The North-South Divide in England by Julia Honds
Cover of the book Land use in the Greater Mekong Subregion - A Challenge for Society, Economy and Biodiversity by Julia Honds
Cover of the book Noetic Quantic Global Management by Julia Honds
Cover of the book Social Deixis: The development of second person pronouns from Old English to the present by Julia Honds
Cover of the book Cooperative Learning in Elementary School by Julia Honds
Cover of the book All That Glitters is not Gold - The Impact of Frustrated Consumerism on German Reunification by Julia Honds
Cover of the book Business relationships in China and Guanxi by Julia Honds
Cover of the book Blogging Behind Bars by Julia Honds
Cover of the book Comedy and Burlesque in Henry Fielding and Jane Austen by Julia Honds
Cover of the book Voting of the Macedonian Diaspora in the Parliamentary Elections in Republic of Macedonia by Julia Honds
Cover of the book Der synkretistische Allgötterkult Antiochos I. von Kommagene by Julia Honds
Cover of the book Historic and Ethnic Development of Ethiopia by Julia Honds
Cover of the book The Multifaceted Outcomes of Time Pressure on Creativity by Julia Honds
Cover of the book The development of community languages and the role of Ethnolects in Australia by Julia Honds
Cover of the book Male protagonists and their marital situation portrayed in Katherine Mansfield's 'The Stranger' and 'A Birthday' by Julia Honds
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy