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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 …
Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais
Intellectual Property, Trade & Development: The State Of Play, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
This Article considers, first, available economic, social, and cultural analyses of the impact of intellectual property protection in developing countries. Economics provides a useful set of analytical tools and are directly relevant, in particular since the successfully arranged marriage of IP and trade rules after which it became inevitable that IP rules would be measured using an economic yardstick. The Paper also considers the claim that making proper intellectual property policy is impossible or inherently unreliable because theoretical models are inadequate or valid empirical data unavailable. Against this backdrop, the Article then examines the emergence of the World Trade Organization …