Is Intellectual Property Pluralism Functional?
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Is Intellectual Property Pluralism Functional?

Edited by Susy Frankel

The international intellectual property (IP) law system allows states to develop policies that reflect their national interests. Therefore, although there is an international minimum standards framework in place, states have widely varying IP laws and differing interpretations of these laws. This book examines whether pluralism in IP law is functional when applied to copyright, patents and trademarks on an international basis.
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Chapter 2: Intellectual property pluralism in African development agendas: food security, plant variety protection and the role of the WIPO

Susan Isiko Štrba

Abstract

Patents are theorised to serve a multitude of functions, ranging from incentivising invention and the dissemination of knowledge, to signalling certain capabilities and values, to structuring transactions and the commercialisation process. For all intents and purposes, these functions are misaligned with Indigenous peoples’ interests and worldviews. Indeed, beyond failing to serve Indigenous peoples, there is a growing body of literature proclaiming and decrying the appropriation and propertisation of Indigenous knowledge and resources. Yet, there is little empirical research measuring the scale of any such appropriation or propertisation. This chapter presents the results of an empirical search for patents pertaining to Mānuka (Leptospermum scoparium) filed through the Intellectual Property Office of New Zealand (IPONZ). Furthermore, it reflects on the applications pertaining to Mānuka filed since the Patents Act 2013 came into force, and analyses whether the therein-created Māori Advisory Committee has served its purpose with respect to those applications.

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