Protecting Traditional 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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Chapter 6: Lessons from case studies

Evana Wright

Abstract

Following the comparative analysis set out in chapters 2–5, this chapter identifies the key lessons arising out of the experience of India and Peru relevant to the design and implementation of nationally consistent regimes for the protection of traditional knowledge across each of the four themes used to frame the comparative analysis. This chapter uses Australia as an illustrative example of how these lessons may be applied in a domestic context. The ideas presented in this chapter are intended to stimulate discussion and may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge within a framework of self-determination. This chapter outlines how a range of legal tools may be used to protect traditional knowledge and, based on principles of self-determination, prior informed consent and mutually agreed terms, may act as a form of corrective justice to return to Indigenous and local peoples’ institutions that affirm Indigenous culture, values and practices.

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