This is the first comprehensive and practical legal text to examine the protection of, access to, and commercialization of traditional knowledge, genetic resources and traditional cultural expressions. The topics covered include ownership, benefit-sharing, disclosure of origin, creation of intellectual property rights, coherence and consistency with international intellectual property regimes. The author considers also how these areas of knowledge are protected and understood in various jurisdictions and within different and sometimes competing legal frameworks. Taking an international and comparative approach, the book sets out the theory and practice with reference to key decisions, legislative responses, international discussions and resolutions, and other important documents. As well as primary materials (international and national), the coverage includes related influential materials from various stake-holders including industry groups, non-governmental organizations, and indigenous groups, all of which continue to inform the practical context in which these legal developments occur and are applied. Intellectual property rights is significant to traditional knowledge as they gaurantee both an individual's and a group's right to protect and benefit from its own cultural discoveries, creations, and products. Traditional knowledge is of interest to a broad range of disciplines and hence this book, for the first time, provides the reader with a book compatible to their needs. As it is emerging as a new and important practice area, this timely work fills a gap in the current existing literature.
Johanna Gibson is the Herchel Smith Professor of Intellectual Property Law and Director of the Queen Mary Intellectual Property Research Institute at Queen Mary, University of London. She has also been admitted as a solicitor and barrister at the Supreme Court of Victoria, Australia. She has written books and numerous articles on intellectual property law, in particular on protecting indigenous cultural resources and expressions.
Table of Contents
I AN INTRODUCTION TO GENETIC RESOURCES AND TRADITIONAL KNOWLEDGE 1. Introduction 2. Traditional Communities and Customary Law 3. Context for Developments in Genetic Resources and Traditional Knowledge 4. Definitions and Terms II INTERNATIONAL DEVELOPMENTS 5. Intellectual Property 6. Cultural Diversity and Human Rights 7. Cultural Heritage and Cultural Property 8. Food and Agriculture 9. Biodiversity 10. Native Title and Rights to Land 11. Energy and Natural Resources 12. International Developments and Customary Law III GENETIC RESOURCES 13. Introduction 14. Key Principles 15. Biodiversity 16. Convention on Biological Diversity 17. Biodiversity and Access to Genetic Resources 18. Patent Law 19. Access and Benefit Sharing IV TRADITIONAL KNOWLEDGE 20. Introduction 21. Patent Law 22. Geographical Indications 23. Biodiversity and Environment 24. Draft Provisions 25. Introduction 26. Copyright Law 27. Trade Mark Law 28. Geographical Indications 29. Other Developments 30. Draft Provisions V NATIONAL AND REGIONAL FRAMEWORKS AND DEVELOPMENTS 31. Interaction with International Developments 32. European Union 33. Other European Countries 34. United States of America 35. Canada 36. Central and South America 37. Eastern Africa 38. Central Africa 39. Northern Africa 40. Southern Africa 41. Western Africa 42. Middle East 43. India 44. China 45. North Asia 46. South East Asia 47. Australia and Pacific 48. New Zealand VI FUTURE CONCERNS AND CONCLUSION 49. International Cooperation 50. Cultural Diversity 51. Knowledge Diversity 52. Conclusion APPENDICES Glossary of Legal and Technical Terms International and Intergovernmental Documents and Commentary National and Regional Documents and Commentary Indigenous and Traditional Groups Civil Society Organisations Industry Organisations Additional Reference Materials