Indigenous heritage and intellectual property : genetic resources, traditional knowledge, and folklore

Book

Indigenous heritage and intellectual property : genetic resources, traditional knowledge, and folklore / editor, S. von Lewinski ; contributors, Anja von Hahn [and others].

Lewinski, Silke von. (Added Author). Hahn, A. v. (Anja von) (Added Author).

Summary:

"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 rights to 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; bioprospecting and biopiracy; benefit-sharing in biological resources; farmers' rights; the practical needs of documentation, assistance, and advice; the role of customary law; and public domain."--Jacket.

Record details

ISBN: 9041122184
ISBN: 9789041122186
Physical Description: xvii, 409 pages ; 25 cm
Publisher: The Hague ; Kluwer Law International, ©2004.

Content descriptions

Bibliography, etc. Note:: Includes bibliographical references and index.
Formatted Contents Note:: pt. I. Introduction / Silke von Lewinski -- pt. II. Indigenous peoples, indigenous knowledge and indigenous resources in international law / Peter-Tobias Stoll, Anja von Hahn. Indigenous peoples in international law ; Indigenous peoples: definition issues ; Some essential characteristics of indigenous cultures ; Relevant human rights norms in the context of indigenous knowledge and indigenous resources ; Indigenous peoples in international environmental law ; Ongoing discussions: recent developments in international fora regarding indigenous resources and traditional knowledge ; Recent developments at the regional and national levels with regard to the protection of indigenous resources and traditional knowledge ; Statements, declarations, charters, resolutions and recommendations by indigenous peoples ; Conclusion -- pt. III. Analysis of different areas of indigenous resources ; Traditional knowledge / Matthias Leistner ; Genetic resources / Michael Hassemer ; Protection of traditional names and designations / Annette Kur, Roland Knaak ; Folklore / Agnes Lucas-Schloetter -- pt. IV. Final considerations / Silke von Lewinski. Preliminary remarks ; The needs as expressed by indigenous peoples ; Protection by existing intellectual property regimes ; Protection of genetic resources, traditional knowledge and folklore by legal regimes beyond intellectual property ; The level of legal measures ; Additional instruments ; Practical measures.