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Nicole Schabus

Contents III.19.1 Introduction III.19.2 Indigenous Peoples in international negotiations III.19.3 CBD bodies and instruments dealing with traditional knowledge III.19.3.1 Akwé: Kon Guidelines for the conduct of cultural, environmental and social impact assessments III.19.3.2 Tkarihwaié:ri Code of Ethical Conduct III.19.3.3 Nagoya Protocol on Access to Genetic Resources and Benefit-Sharing III.19.4 Prior informed consent under the CBD III.19.5 Moving forward III.19.6 Conclusions III.19.1 Introduction Knowledge

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Protecting Traditional Knowledge

Lessons from Global Case Studies

Evana Wright

Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.
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Paul Kuruk

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property 3.    Traditional knowledge and intellectual property rights 1.    INTELLECTUAL PROPERTY RIGHTS The term “intellectual property” may be defined as “property rights in creations of the mind.” 1 Generally, intellectual property rights involve “exclusive rights to prevent or authorize the reproduction, adaptation, use, sale, importation or other forms of exploitation that is the subject of the rights.” 2 The rights may be conveniently classified as copyright and

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Susy Frankel

19.  The creative sector and traditional knowledge Susy Frankel FRAMING THE ISSUES Broadly defined both the creative sector and traditional knowledge are vast and encompass many and varying things. The creative sector includes the performing arts, production of music, film and television, books and printed works, gaming, software and some product de-­ sign. Traditional knowledge is a term that has evolved, in international discourse, to describe the knowledge of indigenous peoples and local communities (sometimes also the interests of developing countries) that

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Genetic Resources and Traditional Knowledge

Case Studies and Conflicting Interests

Edited by Tania Bubela and E. Richard Gold

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing.
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Paul Kuruk

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property 5.    Folklore, cultural heritage and traditional knowledge 1.    FOLKLORE A.    Development of National Model Laws An important development in the international legal protection of folklore was the preparation by UNESCO and WIPO of the Tunis Model Copyright Law (“Tunis Model Law”) in 1976. 1 The Tunis Model law was intended to be used as a guideline in drafting national copyright legislation. 2 The Model Law protects folklore and works derived therefrom 3 as

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Frantzeska Papadopoulou

The Protection of Traditional Knowledge on Genetic Resources 6.    Where traditional knowledge meets modern IPRs 6.1    PROTECTION OF TKGR: NEEDS AND EXPECTATIONS TKGR trade gradually raised expectations of a ‘green gold rush’. Bioprospecting agreements were expected to give rise to increased benefits and turn the conservation of biodiversity into an economically rational activity. Ambitions preceding the entry into force of the CBD were undoubtedly high. TKGR holders would be recognised as formal rightholders of their know-how and genetic

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Michael Blakeney

JOBNAME: Lai PAGE: 3 SESS: 5 OUTPUT: Wed Jun 22 13:24:29 2016 9. The negotiations in WIPO for international conventions on traditional knowledge and traditional cultural expressions Michael Blakeney 1. INTRODUCTION This chapter questions whether intellectual property (IP) law is capable of protecting and preserving the cultural beliefs and practices of indigenous peoples. This involves a consideration of the policy objectives of protective legislation and whether such beliefs and practices are amenable to IP or sui generis protection. After a brief glance at the

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Susy Frankel

JOBNAME: Richardson PAGE: 1 SESS: 3 OUTPUT: Fri Dec 9 15:42:55 2016 17. Traditional knowledge as entertainment Susy Frankel New modes of entertainment such as products and performances frequently involve uses of traditional knowledge. Examples of such products include where the Lego company used Māori words to name their ‘Bionicle’ toys that were from the fictional Pacific Islands, including Metru Nui,1 and a Sony game, the Mark of Kri, that melted images from various Pacifica cultures into a ‘warrior-like’ player.2 Performances that are manifestations of

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Paul Kuruk

Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property 2.    Exploitation of traditional knowledge of indigenous and local communities 1.    INTERESTS IN TRADITIONAL KNOWLEDGE A.    Significance of Traditional Knowledge to Indigenous and Local Communities Traditional knowledge has immense social, cultural and economic value to indigenous and local communities. In Africa, traditional songs and stories are used to build African character because of their frequent references to morality and integrity. 1 Apart from its