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- List and brief technical explanation of various forms in which traditional knowledge may be foundWIPO/GRTKF/IC/17/INF/9
Intergovernmental Committee on Intellectual Property and
Genetic Resources, Traditional Knowledge and Folklore - Bitter Contract Dispute Extends to Who Owns Yosemite Names, New York Times, March 2, 2016, p.A12(L)Available through multiple platforms, including ProQuest Central and Gale Cengage Newsstand.
- Matters Concerning the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and FolkloreAssemblies of Member States of WIPO
Fifty-Fifth Session
October 5 to 14, 2015
Agenda Item 17
IGC Mandate
Treaties
Commentary on the United Nations Declaration on the Rights of Indigenous Peoples
Search Library Catalog for Commentary on the United Nations Declaration on the Rights of Indigenous Peoples.
- Max Planck Encyclopedia of Public International LawIn depth explanations of various topics related to Public International law and commentaries on some treaties.
- Max Planck Search (log in with the link above then click through this link)Search for:
United Nations Declaration on the Rights of Indigenous People
Then search within results for:
"traditional knowledge" or "cultural expression" or folklore
Reflections on the UN Declaration on the Rights of Indigenous Peoples by
The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.
Call Number: Online ResourceISBN: 1847316239Publication Date: 2011-01-01
United Nations Declaration on the Rights of Indigenous Peoples Legislative History
- United Nations Declaration on the Rights of Indigenous Peoples General Assembly resolution - UN Historic ArchiveIncludes an introductory note, links to related documents, procedural history and additional documents.
Introductory Materials on traditional knowledge and cultural expressions
Intellectual Property, Traditional Knowledge and Cultural Property Protection by
International developments since the mid-1990s have signalled an awareness of the importance and validity of traditional knowledge and cultural property. The adoption of the Convention on Biological Diversity, and the establishment of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore demonstrate an emerging trend towards the recognition of the rights of communities and the importance of culture in shaping international law and policy. This book examines how developments to protect collectively held knowledge transpose to circumstances which may not meet the usually understood criteria of what is considered to be an indigenous or traditional group. This includes communally derived cultural products which have emerged out of communities and subsequently formed a part of the national or popular culture. The book considers the steel pan of Trinidad and Tobago, punta rock music from Belize, Brazilian capoeira, and the cajón of Peru as key cases studies of this. By exploring the impact of past and recent international developments to protect traditional knowledge, Sharon Le Gall highlights a category of cultural signifiers which lies outside the scope of intellectual property protection, as well as the protection proposed for traditional knowledge and advocated for intangible cultural property. The book proposes a reinterpretation of Joseph Raz's interest theory of group rights in order to accommodate the rights advocated for collectively derived cultural signifiers on the basis of their value as symbols of identity. In doing so, Le Gall offers an original account of how those signifiers, which may not be described as exclusively 'traditional' or 'indigenous' and held in ways which are not 'traditional' or 'customary', may be accommodated in emerging traditional knowledge laws.
Call Number: K3712 .L45 2014ISBN: 0415640423Publication Date: 2013-12-20
Intellectual Property, Indigenous People and Their Knowledge by
After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening.
Call Number: K1401.5 .D73 2014ISBN: 1107055334Publication Date: 2014-06-12
Culture and International Economic Law by
Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Hasan international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the 'clash of cultures' between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture-related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.
Call Number: K487 .C8 C858 2015ISBN: 0415723264Publication Date: 2015-02-16
Art and Cultural Heritage by
Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.
Call Number: K3791 .A97 2006ISBN: 0521857643Publication Date: 2005-12-05
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Use the Search Within Results box on the bottom left to limit this search further using additional keywords. - Westlaw: adv: ("traditional knowledge" or "cultural expression" or folklore or "United Nations Declaration #on the Rights #of Indigenous Peoples") AND "Intellectual Property"Log into Westlaw first then click this link.
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Note on HeinOnline
Where on Westlaw or Lexis you would search for the word cultural within 5 words of the term expression by typing Cultural /5 expression, on HeinOnline, you must type "Cultural expression"~5
Indexes
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Start typing in keywords related to your topic. In this case try typing Drugs and choose it from the dropdown menu. This will give you the most robust results and is the best way to use this type of database.Then select the subcategory that is most relevant, in this case, intellectual property.
- Index to Legal Periodicals and BooksMostly U.S. but you may find some articles or books discussing other jurisdictions but published in a U.S. Journal.
- Index to Foreign Legal PeriodicalsThis database of foreign legal articles includes a subset of articles on Private international law: industrial and intellectual property .
Search Terms
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- Kluwer Intellectual Property"provides information on international intellectual property law. It includes access to books, journals, and practice tools. It also is a resource for international intellectual property law news."
- BNA Law Reports: World Intellectual Property Report™You will need to log into Bloomberg Law to access this link.
- International Encyclopaedia of LawsSearch for "traditional knowledge" or "cultural expression" or folklore or "United Nations Declaration on the Rights of Indigenous Peoples"
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