Unsettled International Intellectual Property Issues

Unsettled International Intellectual Property Issues
Publisher Kluwer Law International B.V.
Release Date
Category Law
Total Pages 214
ISBN 9789041126412
Rating 4/5 from 21 reviews
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The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions of folklore, and the control of biological resources and access to genetic resources pose major challenges to the current global system of intellectual property. This thoughtful book serves not only to contribute to these ongoing debates but also, through in-depth analysis and well-grounded recommendations, to move them closer to resolution in a manner beneficial to all interested parties. Among the matters discussed are the following: intellectual property and public health; intellectual property and traditional knowledge and traditional cultural expressions or expressions of folklore; intellectual property and plant varieties, biodiversity and access to genetic resources; use of marks and other signs on the Internet; and the international framework in respect to geographical indications. Drawing on prodigious familiarity with relevant conventions and international legal instruments in the field and debates on these issues as carried out under international bodies - including the World Trade Organization (WTO), the World Intellectual Property Organization (WIPO), the Food and Agriculture Organization (FAO), the International Union for the Protection of New Varieties of Plants (UPOV) and the World Health Organization (WHO), as well as the Convention on Biological Diversity (CBD) and the African Model Legislation - the author offers clear, well-thought-out proposals on how to respond to these issues. In the same vein, the author makes a number of proposals on how to strike a balance between the exclusive rights of the patentee and the right to public health or access to medicines, especially in the context of the HIV/AIDS crisis. In addition, holding that the owners or possessors of traditional knowledge or traditional cultural expressions or expressions of folklore are entitled to intellectual property rights protection, he advocates the development of a global and binding international 'protection instrument' that takes particular features of these rights into consideration. He proposes the extension of the scope of applicability of the requirement of the disclosure of the country of origin of genetic resources, both at the international and national levels. He also proposes refinements to the system for multilateral notification and registration of geographical indications in respect to wine and spirits and the extension of the higher protection of geographical indications to other products and suggests new ways to approach unsettled issues arising from the use of marks or other signs on the Internet. As a deeply informed analysis of how to integrate intellectual property rights into the international development process, this book takes some giant steps toward the general recognition of the real parameters of the most severe problems plaguing the developing world and offers reachable measures toward significant improvement of those problems. It will be of interest to all professionals, officials, and academics concerned with the equitable administration of intellectual property rights.

Unsettled International Intellectual Property Issues
  • Author : Tshimanga Kongolo
  • Publisher : Kluwer Law International B.V.
  • Release Date : 2008-01-01

The interface between intellectual property and other fields, such as public health and biotechnology, has raised expectations from both developed and developing countries. At the same time, a variety of issues have arisen from these relationships. Debates over public health, protection of traditional knowledge and traditional cultural expressions or expressions

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Intellectual Property and the Safeguarding of Traditional Cultures  Legal Issues and Practical Options for Museums  Libraries and Archives
  • Author : World Intellectual Property Organization
  • Publisher : WIPO
  • Release Date : 2010

This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly

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African Contributions in Shaping the Worldwide Intellectual Property System
  • Author : Mr Tshimanga Kongolo
  • Publisher : Ashgate Publishing, Ltd.
  • Release Date : 2013-04-28

Africa is playing an increasingly more significant role in the domain of international intellectual property law, and this book underlines the contributions made by African countries as a group to the development of the current international IP system. It examines in detail their breakthrough proposals and initiatives at the WTO,

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African Contributions in Shaping the Worldwide Intellectual Property System
  • Author : Tshimanga Kongolo
  • Publisher : Routledge
  • Release Date : 2016-03-23

Africa is playing an increasingly more significant role in the domain of international intellectual property law, and this book underlines the contributions made by African countries as a group to the development of the current international IP system. It examines in detail their breakthrough proposals and initiatives at the WTO,

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Bits of Power
  • Author : National Research Council,Division on Engineering and Physical Sciences,Commission on Physical Sciences, Mathematics, and Applications,Committee on Issues in the Transborder Flow of Scientific Data
  • Publisher : National Academies Press
  • Release Date : 1997-08-07

Since Galileo corresponded with Kepler, the community of scientists has become increasingly international. A DNA sequence is as significant to a researcher in Novosibirsk as it is to one in Pasadena. And with the advent of electronic communications technology, these experts can share information within minutes. What are the consequences

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The Inherent Rights of Indigenous Peoples in International Law
  • Author : Antonietta Di Blase,Valentina Vadi
  • Publisher : Roma TrE-Press
  • Release Date : 2020-02-24

This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural

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International Property Law
  • Author : John G. Sprankling
  • Publisher : Oxford University Press
  • Release Date : 2014-03

International law increasingly creates, harmonizes, and restricts property rights, thereby superseding national law. This book examines this emerging regime of international property law. Looking at the intersection between international law and private property, the work argues that a global right to property should be recognized.

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Governing Digitally Integrated Genetic Resources  Data  and Literature
  • Author : Jerome H. Reichman,Tom Dedeurwaerdere,Paul F. Uhlir
  • Publisher : Cambridge University Press
  • Release Date : 2016-05-19

This book examines the current legal status of the international genetic information commons and proposes alternative management strategies.

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Towards Recognition of Minority Groups
  • Author : Marek Zirk-Sadowski,Bartosz Wojciechowski
  • Publisher : Routledge
  • Release Date : 2016-02-24

This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of

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Handbook of Cultural Security
  • Author : Yasushi Watanabe
  • Publisher : Edward Elgar Publishing
  • Release Date : 2018

This Handbook aims to heighten our awareness of the unique and delicate interplay between ‘Culture’ and ‘Society’ in the age of globalization. With particular emphasis on the role of culture in the field of “non-traditional” security, and seeking to define what ‘being secure’ means in different contexts, this Handbook explores

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Intellectual Property on the Internet
  • Author : World Intellectual Property Organization
  • Publisher : WIPO
  • Release Date : 2002

Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.

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The Utopian Human Right to Science and Culture
  • Author : Dr Anna Maria Nawrot
  • Publisher : Ashgate Publishing, Ltd.
  • Release Date : 2014-04-28

This book explores the question of whether the ideal right to science and culture exists. It proposes that the human right to science and culture is of a utopian character and argues for the necessity of the existence of such a right by developing a philosophical project situated in postmodernity,

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Indigenous Peoples  Cultural Heritage
  • Author : Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam
  • Publisher : BRILL
  • Release Date : 2017-10-20

Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights.

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Genetic Resources  Traditional Knowledge and the Law
  • Author : Evanson C. Kamau,Gerd Winter
  • Publisher : Routledge
  • Release Date : 2009-09-02

The need to regulate access to genetic resources and ensure a fair and equitable sharing of any resulting benefits was at the core of the development of the Convention on Biological Diversity (CBD). The CBD established a series of principles and requirements around access and benefit sharing (ABS) in order

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Guide to the WTO and GATT
  • Author : Autar Krishen Koul
  • Publisher : Springer
  • Release Date : 2018-11-19

This book analyzes how today's system of international trade law and international economic relations has evolved over the last six decades. Focusing on the major innovations that came with the inception of the World Trade Organization (WTO) with its various agreements in 1994, it also provides in-depth commentary on the intense

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