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Customary Law and Traditional Knowledge

2016-04-01 Law
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Release : 2016-04-01
Genre : Law
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Book Synopsis Customary Law and Traditional Knowledge by : World Intellectual Property Organization

Download or read book Customary Law and Traditional Knowledge written by World Intellectual Property Organization. This book was released on 2016-04-01. Available in PDF, EPUB and Kindle. Book excerpt: This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

2020-03-28 Law
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Release : 2020-03-28
Genre : Law
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Book Rating : 486/5 ( reviews)

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Book Synopsis Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property by : Paul Kuruk

Download or read book Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property written by Paul Kuruk. This book was released on 2020-03-28. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.

Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

2014-08-27 Law
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Release : 2014-08-27
Genre : Law
Kind : eBook
Book Rating : 537/5 ( reviews)

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Book Synopsis Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters by : Brendan Tobin

Download or read book Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters written by Brendan Tobin. This book was released on 2014-08-27. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.

Incorporating Indigenous Rights in the International Regime on Biodiversity Protection

2019-08-12 Law
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Release : 2019-08-12
Genre : Law
Kind : eBook
Book Rating : 404/5 ( reviews)

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Book Synopsis Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by : Federica Cittadino

Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino. This book was released on 2019-08-12. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination.

Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

2009-01-01 Law
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Release : 2009-01-01
Genre : Law
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Book Rating : 216/5 ( reviews)

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Book Synopsis Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region by : Christoph Antons

Download or read book Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region written by Christoph Antons. This book was released on 2009-01-01. Available in PDF, EPUB and Kindle. Book excerpt: Among the many contentious matters thrown up by the relentless march of economic globalization, those forms of knowledge variously known as 'indigenous' or 'traditional' remain seriously threatened, despite numerous transnational initiatives and highly publicized debate. It is not proving easy to bring these holistic worldviews into accordance with the technical terms and classifications of intellectual property law. The contributions in this volume contrast efforts to find solutions and workable models at the international and regional level with experiences on the ground. Legal policies related to 'indigenous knowledge' in settler societies such as Australia and New Zealand are compared with those in densely populated neighbouring countries in Asia, where traditional knowledge is often regarded as national heritage. While many of the chapters are written by lawyers using an interdisciplinary approach, other chapters introduce the reader to perspectives from disciplines such as legal sociology and anthropology on controversial issues such as the understandings of 'art, ' 'culture, ' 'tradition, ' 'customary law' and the opportunities for traditional cultural knowledge and traditional cultural expressions in an Internet environment. Experienced observers of the international debate and regional experts discuss international model laws as well as legislation at regional and national level and the role of customary law. Topics covered include the following and much more: the concept of 'farmers' rights'; biodiscovery and bioprospecting; traditional knowledge as a commodity; encounters between different legalities; geographical indications; registration requirements; sanctions, remedies, and dispute resolution mechanisms; the ongoing fragmentation and loss of traditional knowledge; and systems of data collection.

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