Description
Several studies have pointed out to the increasing significance of knowledge and Traditional Knowledge systems in sustainable development in India. This book provides an in-depth analysis of the links between Traditional Knowledge and intellectual property rights. Intellectual property has emerged as a subject
of serious study in recent times……However, recent developments indicate that
there are an increasing number of links between Traditional knowledge and sustainable development. This book examines some of the issues arising at international level where a number of important legal instruments have been adopted in recent years. It also examines in detail the process of implementation in India.
The author has also drawn attention to some ticklish aspects of the Traditional Knowledge with a view to generating in the light of new developments so that the Traditional Knowledge may grow in tune with the times. This book focuses to a large extent on the Patents system and examines in detail issues related to the use of Plant genetic resources and biodiversity. It examines some of the impacts of existing Intellectual Property rights regime on sustainable development. Further, it analyses issues related to the protection of knowledge excluded from the existing Intellectual Property regime such as Traditional Knowledge. The issue of generation, valuation, protection and exploitation of Intellectual property are going to become critically important all around the world. This book also examines some of the broader issues related to the links between Intellectual Property and sustainable development.
Pradeep Kumar Gangwar is an Assistant Professor of jGB Intellectual Property Law at the School of c.c.s university Meemt. ^^E^ Where he teaches law related to the Indian Constitution and A intellectual property.
ACKNOWLEDGEMENT
PREFACE
LIST OF ACRONYMS
SOME USEFUL TERMINOLOGY
CHAPTER 1
INTRODUCTION
CHAPTER2
THE CONCEPT OF TRADITIONAL KNOWLEDGE
1. THE DEFINITION OF TRADITIONAL KNOWLEDGE (TK)
2. THE VALUE OF TRADITIONAL KNOWLEDGE
3. CHARACTERISTICS OF TK.
4. OBJECTIVES OF THE PROTECTION OFTRADITIONAL KNOWLEDGE
CHAPTER3
TRADITIONAL KNOWLEDGE ASSOCIATED WITH BIODIVERSITY AND GENETIC RESOURCES IN DEVELOPING COUNTRIES.
1. BIODIVERSITY AND INTELLECTUAL PROPERTY
2. PROTECTION OF TRADITIONAL KNOWLEDGE ASSOCIATED WITH BIOLOGICAL RESOURCES
3. THE PROBLEM WITH PATENTS.
4. A MODIFIED PATENT APPLICATION PROCEDURE
5. THE NEED FOR INTERNATIONALLY ENFORCEABLE MINIMUM STANDARDS … 71
6. A QUESTION OF REFORM.
CHAPTER-4
TRADITIONAL MEDICINAL KNOWLEDGE OR PLANT KNOWLEDGE.
1. SOCIOECONOMIC CONSIDERATIONS.
2. ETHICAL ISSUES.
3. LEGAL QUESTIONS:
4. FORMULA FOR BENEFIT SHARING IN PHARM
CHAPTER 5
TRADITIONAL CULTURAL EXPRESSIONS (FOLKLORE)
1. WHAT ARE “TRADITIONAL CULTURAL EXPRESSIONS”?
2. CHARACTERISTICS OF TRADITIONAL CULTURAL EXPRESSIDNS(TCES)FOLKLORE
3. CULTURAL HERITAGE AND ECONOMIC DEVELOPMENT
4. EXISTING INTELLECTUAL PROPERTY PROTECTION
5. SPECIAL PROVISIONS FOR PROTECTION OF sF0LKL0RE174
6. CURRENT CHALLENGES FOR THE PROTECTION OF TCEs
WIPO’S CURRENT AND FUTURE WORK
CHAPTER 6
TRADITIONAL KNOWLEDGE AND SUSTAINABLE DEVELOPMENT
1. THE MANDATE OF THE NATION STATE AND THE RIGHTS OF THE
HOLDERS OF Tl(
2. THE RELEVANCE OF TRADITIONAL KNOWLEDGE TO HUMAN WELFARE
ANDDEVELOPMENT
3.THE EROSION OF TRADITIONAL KNOWLEDGE
4. REVIVING, ENCOURAGING, USING TK
CHAPTER-7
TRADITIONAL KNOWLEDGE DOCUMENTATION
1. WHY NEED DOCUMENTATION?
2. DOCUMENTATION OF TRADITIONAL KNOWLEDGE
3. SUGGESTIONS FOR DOCUMENTING TK
4. AN EXAMPLE OF TK DOCUMENTATION.
CHAPTER 8
TRADITIONAL KNOWLEDGE AND INTELLECTUAL PROPERTY RIGHTS: IMPACT AND IMPLICATIONS
1. THE FOUR MAIN PHASES OF THE INTERNATIONALIZATION OF INTELLECTUAL PROPERTY
2. NEW CHALLENGES TO THE INTERNATIONAL INTELLECTUAL PROPERTY ORDER
3. SUCH CHALLENGES CAN BE OVERCOME BY APPLYING THE FOLLOWING PR0P0SALS:307
CHAPTER-9
BIOPROSPECTING BASED ON TRADITIONAL KNOWLEDGE AND RELATED IPR ISSUES
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