Diversity in Intellectual Property

Diversity in Intellectual Property
Author: Irene Calboli
Publisher: Cambridge University Press
Total Pages: 561
Release: 2015-05-28
Genre: Law
ISBN: 131629935X

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This book aims to create an interface between intellectual property and diversity - including cultural, biological, religious, racial, and gender-based diversity. While acknowledging that the historical rationale for intellectual property protection is based on theories of utilitarian incentives and property rights, the authors of this volume assert that the current intellectual property framework is not incompatible with including diversity as part of its objectives. Through its various themes, this book delves into the debate of whether such inclusion can be made possible and how intellectual property norms could be effectively used to protect and promote diversity. In this volume, leading scholars address ongoing regional, national, and international debates within the contexts of diversity, the existing legal framework, and the broader political and economic climate. The authors tackle such wide-ranging topics as the prohibition against trademarking slurs and concepts of intellectual property in ancient Indian texts.

Food Security, Biological Diversity and Intellectual Property Rights

Food Security, Biological Diversity and Intellectual Property Rights
Author: Muriel Lightbourne
Publisher: Routledge
Total Pages: 329
Release: 2016-04-15
Genre: Law
ISBN: 1317134265

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This volume advances the claim that the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) adopted in 2001 is the only existing international agreement with the potential to promote food security, conservation of biodiversity and equity. However, for germplasm-rich countries, national interests come into conflict with the global interest. This work shows that the pursuit of national interests is counterproductive when it comes to maintaining genetic resources, food-security and rent-seeking and that optimally, the coverage of the FAO Treaty should be widened to apply to all crops.

Intellectual Property Rights, Trade and Biodiversity

Intellectual Property Rights, Trade and Biodiversity
Author: Graham Dutfield
Publisher: Earthscan
Total Pages: 240
Release: 2000
Genre: Law
ISBN: 1849776237

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This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.

People, Plants, and Patents

People, Plants, and Patents
Author: Crucible Group
Publisher: IDRC
Total Pages: 142
Release: 1994
Genre: Biodiversity
ISBN: 0889367256

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People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society

Patent Cultures

Patent Cultures
Author: Graeme Gooday
Publisher: Cambridge University Press
Total Pages: 381
Release: 2020-03-26
Genre: Business & Economics
ISBN: 1108475760

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Tracing global histories of patenting, this book reveals the resilient diversity of patent systems, challenging the universality of 'intellectual property'.

Beyond Intellectual Property

Beyond Intellectual Property
Author: Darrell Addison Posey
Publisher: IDRC
Total Pages: 324
Release: 1996
Genre: Cultural property
ISBN: 088936799X

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Cultural property, aboriginal people, ethnobiology, legal status, laws.

Traditional Knowledge and Intellectual Property

Traditional Knowledge and Intellectual Property
Author: Stephen A. Hansen
Publisher:
Total Pages: 85
Release: 2003
Genre: Biological diversity
ISBN: 9780871686909

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This handbook is designed to make intellectual property protection issues and options more understandable to traditional knowledge holders and human rights organizations and legal professionals working with local and indigenous communities.

Biodiversity and the Law

Biodiversity and the Law
Author: Charles R. McManis
Publisher: Earthscan
Total Pages: 521
Release: 2012
Genre: Law
ISBN: 1849770573

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How do we promote global economic development, while simultaneously preserving local biological and cultural diversity? This authoritative volume, written by leading legal experts and biological and social scientists from around the world, addresses this question in all of its complexity. The first part of the book focuses on biodiversity and examines what we are losing, why and what is to be done. The second part addresses biotechnology and looks at whether it is part of the solution or part of the problem, or perhaps both. The third section examines traditional knowledge, explains what it is and how, if at all, it should be protected. The fourth and final part looks at ethnobotany and bioprospecting and offers practical lessons from the vast and diverse experiences of the contributors.

Exhausting Intellectual Property Rights

Exhausting Intellectual Property Rights
Author: Shubha Ghosh
Publisher: Cambridge University Press
Total Pages: 231
Release: 2018-11-08
Genre: Law
ISBN: 1108577466

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Even as globalization seems to be in retreat in political circles, the march of commercialization and markets continues. Government policies, whether tariffs, exits, or walls, cannot impede the competitive drive to meet consumer demand for products and services, whether within national boundaries or across them. In the sphere of intellectual property rights, the doctrine of exhaustion serves to limit the rights of intellectual property owners after a specific exercise of some or all of the rights. This volume provides an assessment of the successes and failures of the exhaustion doctrine as it has been applied through recent judicial decisions in the United States and the European Union. Irene Calboli and Shubha Ghosh explore how evolving interpretations of the exhaustion doctrine affects the large trade in gray market products and other international trade issues. A comparative approach to exhaustion, Exhausting Intellectual Property Rights offers a unique discussion of the often overlooked issue of overlapping rights.