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Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa
Analysis Of Options For Implementing Disclosure Of Origin Requirements In Intellectual Property Applications, Joshua D. Sarnoff, Carlos M. Correa
Traditional Knowledge and Culture
In 2002, the Conference of the Parties (COP) of the Convention on Biological Diversity (CBD) at its Sixth Meeting adopted the Bonn Guidelines to address access to genetic resources and fair and equitable benefit-sharing arising from use of those resources. In the Bonn Guidelines, the CBD COP invited Parties and governments to encourage disclosure of the country of origin of genetic resources and of associated traditional knowledge in applications for intellectual property where the subject matter of the application concerns or makes use of such knowledge in its development. Since 2002, various proposals to facilitate or to mandate such “disclosure …
Indigenous Peoples And Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Indigenous Peoples And Intellectual Property, Stephen M. Mcjohn, Lorie Graham
Suffolk University Law School Faculty Works
This paper, following on Michael F. Brown's Who Owns Native Culture?, suggests that intellectual property law, negotiation, and human rights precepts can work together to address indigenous claims to heritage protection. Granting intellectual property rights in such spheres as traditional knowledge and folklore does not threaten the public domain in the same way that expansion of intellectual property rights in more commercial spheres does. It is not so much a question of the public domain versus corporate and indigenous interests, as it is a question of the impact corporate interests have had on the indigenous claims. Indeed indigenous peoples' claims …
Traditional Knowledge & Intellectual Property: A Trips-Compatible Approach, Daniel J. Gervais
Traditional Knowledge & Intellectual Property: A Trips-Compatible Approach, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
Should intellectual property provide a means for strengthening the range of incentives that local communities need for conserving and developing genetic resources and traditional knowledge (TK)? If so, how and at what cost? To be able to suggest answers, a number of issues must be resolved. They are the focus of the Article. First, one must build, and then cross, a cultural bridge to explain current forms of intellectual property to holders of traditional knowledge, including definitional efforts to determine the nature and depth of the overlap(s). This achieves a dual objective: it allows intellectual property circles to understand and …