Traditional Knowledge, Traditional Cultural Expressions, and Intellectual Property Law in the Asia-Pacific Region

Now also available as
eBook

Among the many contentious matters thrown up by the relentless march of
economic globalization, those forms of knowledge variously known as
‘indigenous’ or ‘traditional’ remain seriously threatened, despite numerous
transnational initiatives and highly publicized debate. It is not proving easy
to bring these holistic worldviews into accordance with the technical terms
and classifications of intellectual property law.

The contributions in this volume contrast efforts to find solutions and
workable models at the international and regional level with experiences on
the ground. Legal policies related to ‘indigenous knowledge’ in settler
societies such as Australia and New Zealand are compared with those in densely
populated neighbouring countries in Asia, where traditional knowledge is often
regarded as national heritage. While many of the chapters are written by
lawyers using an interdisciplinary approach, other chapters introduce the
reader to perspectives from disciplines such as legal sociology and
anthropology on controversial issues such as the understandings of ‘art,’
‘culture,’ ‘tradition,’ ‘customary law’ and the opportunities for traditional
cultural knowledge and traditional cultural expressions in an Internet
environment.

Experienced observers of the international debate and regional experts discuss
international model laws as well as legislation at regional and national level
and the role of customary law. Topics covered include the following and much
more:

• the concept of ‘farmers’ rights’;

• biodiscovery and bioprospecting;

• traditional knowledge as a commodity;

• encounters between different legalities;

• geographical indications;

• registration requirements;

• sanctions, remedies, and dispute resolution mechanisms;

• the ongoing fragmentation and loss of traditional knowledge; and

• systems of data collection.

  The authors provide practical proposals for solutions and models as well as
  empirical studies of their implementation in various countries.

  Given the scope for conflict about the merits of various definitions of the
  subject matter and the circle of beneficiaries, this book will be of great
  interest to intellectual property lawyers, representatives of indigenous/local
  communities and NGOs, policy makers at all levels, and students of comparative
  and international intellectual property law and of law and development.