Indigenous Heritage and Intellectual Property: Genetic Resources, Traditional Knowledge, and Folklore

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Kluwer Law International, 2004 - Law - 409 pages
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For indigenous cultures, iquest;propertyiquest; is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous iquest;rawiquest; materials, from melodies to plants, using intellectual property law to justify their behavior. 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 iquest;clash of cultures,iquest; 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; farmersiquest; 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 lawiquest;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 bodiesiquest;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.
 

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Contents

IV
5
VI
8
VIII
12
IX
14
XI
15
XIII
17
XV
20
XVI
25
XXXVI
169
XXXVII
209
XXXVIII
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XXXIX
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XL
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XLII
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XLIII
254
XLIV
255

XVII
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XVIII
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XIX
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XX
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XXI
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XXII
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XXIII
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XXV
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XXVI
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XXVII
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XXVIII
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XXIX
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XXX
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XXXI
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XXXII
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XXXIII
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XXXIV
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XLV
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XLVI
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XLVIII
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XLIX
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L
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LI
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LII
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LIV
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LV
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LVI
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LVII
386
LIX
388
LX
395
LXII
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LXIII
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LXIV
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Copyright

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About the author (2004)

Silke von Lewinski, Dr. iur., is Head of the International Law Department, Max-Planck-Institute for Intellectual Property, Competition and Tax Law, Munich. She is a frequent copyright expert to the European Commission; delegate at the WIPO Diplomatic Conferences 1996 and 2000 for the EC and Germany respectively. Her recent book publications include: "Europaisches Urheberrecht" (Vienna, 2001) (with Walter "et al."); "The WIPO Treaties 1996" (London, 2002) (with Reinbothe). She is adjunct Professor at Mainz University, Franklin Pierce Law Center, Concord, N.H., USA and Polytechnical University, Zurich, and has been a visiting professor at numerous universities in France, Canada, at the University of Melbourne and Visiting Scholar at Columbia University, New York.

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