Is Intellectual Property Pluralism Functional?
Show Less

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: Legal method and interpretation in international IP law: pluralism or systemic coherence

Ana Nordberg

Abstract

This chapter evaluates new national and regional frameworks for the protection of traditional knowledge associated with genetic resources (aTK) in Africa such as the Swakopmund Protocol for the Protection of Traditional Knowledge and Expressions of Folklore within the Framework of the African Regional Intellectual Property Organisation (ARIPO) 2010; the Kenyan Protection of Traditional Knowledge and Cultural Expressions Act 2016; the Zambian Protection of Traditional Knowledge Genetic Resources and Expressions of Folklore 2016, and the constitutional property jurisprudence of the Republic of South Africa 1996, which provides interpretative context for South Africa’s 2015 Regulations on Bio-prospecting, Access and Benefit-Sharing, of the National Environmental Management Biodiversity Act 2004, which recognise community ownership and management of traditional knowledge (TK).

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.