Traditional Knowledge in Intellectual Property Law and Practice

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.

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