Indigenous Cultural Heritage and Intellectual Property Rights

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Release : 2014-01-08
Genre : Law
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Book Rating : 55X/5 ( reviews)

Indigenous Cultural Heritage and Intellectual Property Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Cultural Heritage and Intellectual Property Rights write by Jessica Christine Lai. This book was released on 2014-01-08. Indigenous Cultural Heritage and Intellectual Property Rights available in PDF, EPUB and Kindle. Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Indigenous Heritage and Intellectual Property

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Author :
Release : 2008-01-01
Genre : Law
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Book Rating : 926/5 ( reviews)

Indigenous Heritage and Intellectual Property - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Heritage and Intellectual Property write by Silke von Lewinski. This book was released on 2008-01-01. Indigenous Heritage and Intellectual Property available in PDF, EPUB and Kindle. For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.

Intellectual Property, Cultural Property and Intangible Cultural Heritage

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Release : 2017-12-06
Genre : Social Science
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Book Rating : 539/5 ( reviews)

Intellectual Property, Cultural Property and Intangible Cultural Heritage - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Intellectual Property, Cultural Property and Intangible Cultural Heritage write by Christoph Antons. This book was released on 2017-12-06. Intellectual Property, Cultural Property and Intangible Cultural Heritage available in PDF, EPUB and Kindle. Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.

International Trade in Indigenous Cultural Heritage

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Release : 2012-01-01
Genre : Political Science
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Book Rating : 312/5 ( reviews)

International Trade in Indigenous Cultural Heritage - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Trade in Indigenous Cultural Heritage write by Christoph Beat Graber. This book was released on 2012-01-01. International Trade in Indigenous Cultural Heritage available in PDF, EPUB and Kindle. This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.

Indigenous Intellectual Property

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Release : 2015-12-18
Genre : Law
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Book Rating : 905/5 ( reviews)

Indigenous Intellectual Property - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Intellectual Property write by Matthew Rimmer. This book was released on 2015-12-18. Indigenous Intellectual Property available in PDF, EPUB and Kindle. Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.