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Traditional Knowledge, Genetic Resources, Customary Law and Intellectual Property

A Global Primer

Paul Kuruk

The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.
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Chapter 11: Developments in other regions

Paul Kuruk

Extract

The chapter takes up developments in other regions beginning with the regional and national frameworks in Europe, including the Regulation on Compliance Measures for Users of the Nagoya Protocol, and the Nicosia Convention. This is followed by an examination of the intellectual property and cultural heritage laws in the Americas with reference to instruments found in the Andean Community, the Caribbean region, Canada and the Meso and South American countries, including the San Salvador Convention. The section on Asia highlights the Indigenous Rights Act of the Philippines; the Biological Diversity Act and the Traditional Knowledge Digital Library system of India; China’s patent law, and the laws of Kyrgyzstan, Azerbaijan, Thailand, Vietnam, Malaysia, Indonesia, Afghanistan, and Sri Lanka among others. Finally, the section on the Middle East showcases the intellectual property laws of Bhutan, Bahrain, Saudi Arabia, Jordan, Qatar, Iran and Oman and the cultural heritage laws of Turkey and Israel.

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