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Intellectual Property Law

J. Janewa Osei-Tutu

2011

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A Sui Generis Regime For Traditional Knoweldge: The Cultural Divide In Intellectual Property Law, Janewa Osei Tutu Dec 2010

A Sui Generis Regime For Traditional Knoweldge: The Cultural Divide In Intellectual Property Law, Janewa Osei Tutu

J. Janewa Osei-Tutu

Traditional knowledge can be protected, to some extent, under various intellectual property laws. However, for the most part, there is no effective international legal protection for this subject matter. This has led to proposals for a sui generis right for traditional knowledge. The precise contours of the right are yet to be determined, but a sui generis right could include perpetual protection. It could also result in protection for historical communal works and for knowledge that may be useful but that is not inventive according to the standards of intellectual property law. Developing countries have been more supportive of international …