Traditional Knowledge and the International Context for Protection
This paper traces the relationship between traditional knowledge and biodiversity and examines the current discussions towards achieving such protection through the international intellectual property system. This paper will concentrate on the particular cultural and legal problems associated with t...
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| Format: | Article |
| Language: | English |
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University of Edinburgh
2004-03-01
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| Series: | SCRIPTed: A Journal of Law, Technology & Society |
| Subjects: | |
| Online Access: | http://www.law.ed.ac.uk/ahrb/script-ed/docs/TK.asp |
| _version_ | 1818300734483988480 |
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| author | Johanna Gibson |
| author_facet | Johanna Gibson |
| author_sort | Johanna Gibson |
| collection | DOAJ |
| description | This paper traces the relationship between traditional knowledge and biodiversity and examines the current discussions towards achieving such protection through the international intellectual property system. This paper will concentrate on the particular cultural and legal problems associated with the protection of indigenous intellectual property, specifically in terms of medicinal and agricultural knowledge and the impact of the Trade Related Aspects of Intellectual Property Rights Agreement and the Convention on Biological Diversity. The apparently conflicting relationship between these two international instruments will be addressed. In reviewing attempts to acknowledge the role of indigenous and traditional communities in the management and sustainable development of biological resources, this paper argues for authority and capacity with respect to resources to vest in the community. This is maintained in recognition of the significance of this relationship of community to its resources, to the facilitation of community development through appropriate assurance of traditional resource relationships, within an international legal system of obligations towards biological and cultural diversity. |
| first_indexed | 2024-12-13T05:11:49Z |
| format | Article |
| id | doaj.art-9ceec6c802454a57985ceda3a3a1784b |
| institution | Directory Open Access Journal |
| issn | 1744-2567 |
| language | English |
| last_indexed | 2024-12-13T05:11:49Z |
| publishDate | 2004-03-01 |
| publisher | University of Edinburgh |
| record_format | Article |
| series | SCRIPTed: A Journal of Law, Technology & Society |
| spelling | doaj.art-9ceec6c802454a57985ceda3a3a1784b2022-12-21T23:58:31ZengUniversity of EdinburghSCRIPTed: A Journal of Law, Technology & Society1744-25672004-03-01115882Traditional Knowledge and the International Context for ProtectionJohanna GibsonThis paper traces the relationship between traditional knowledge and biodiversity and examines the current discussions towards achieving such protection through the international intellectual property system. This paper will concentrate on the particular cultural and legal problems associated with the protection of indigenous intellectual property, specifically in terms of medicinal and agricultural knowledge and the impact of the Trade Related Aspects of Intellectual Property Rights Agreement and the Convention on Biological Diversity. The apparently conflicting relationship between these two international instruments will be addressed. In reviewing attempts to acknowledge the role of indigenous and traditional communities in the management and sustainable development of biological resources, this paper argues for authority and capacity with respect to resources to vest in the community. This is maintained in recognition of the significance of this relationship of community to its resources, to the facilitation of community development through appropriate assurance of traditional resource relationships, within an international legal system of obligations towards biological and cultural diversity.http://www.law.ed.ac.uk/ahrb/script-ed/docs/TK.asptraditional knowledgelawpatentscopyrightglobalCBD |
| spellingShingle | Johanna Gibson Traditional Knowledge and the International Context for Protection SCRIPTed: A Journal of Law, Technology & Society traditional knowledge law patents copyright global CBD |
| title | Traditional Knowledge and the International Context for Protection |
| title_full | Traditional Knowledge and the International Context for Protection |
| title_fullStr | Traditional Knowledge and the International Context for Protection |
| title_full_unstemmed | Traditional Knowledge and the International Context for Protection |
| title_short | Traditional Knowledge and the International Context for Protection |
| title_sort | traditional knowledge and the international context for protection |
| topic | traditional knowledge law patents copyright global CBD |
| url | http://www.law.ed.ac.uk/ahrb/script-ed/docs/TK.asp |
| work_keys_str_mv | AT johannagibson traditionalknowledgeandtheinternationalcontextforprotection |