scholarly journals TK unlimited: The emerging but incoherent international law of traditional knowledge protection

2017 ◽  
Vol 20 (5-6) ◽  
pp. 144-159 ◽  
Author(s):  
Graham Dutfield
Keyword(s):  
International Law ◽  
Traditional Knowledge ◽  
Knowledge Protection

Lost in Fragmentation: The Traditional Knowledge Debate Revisited

2014 ◽  
Vol 4 (2) ◽  
pp. 359-389
Author(s):  
Sun THATHONG
Keyword(s):  
Adverse Effects ◽  
International Law ◽  
Traditional Knowledge ◽  
International Institutions ◽  
Common Goal ◽  
Policy Goals ◽  
Knowledge Protection ◽  
Legal Frameworks ◽  
National Governments ◽  
Fragmentation Of International Law

Numerous international institutions now seek to address the problems of misappropriation and disappearance of traditional knowledge. The relevant legal frameworks were developed at different times and motivated by diverse policy goals. As new frameworks continue to emerge, an important question arises as to how the unity of international efforts to protect traditional knowledge can be maintained. This paper scrutinizes the fragmentation of international law in this field, how it came about, and what its implications are for traditional knowledge protection. It argues that much of the confusion surrounding traditional knowledge protection today is attributable to the fragmentation of international law in this area. To reverse the adverse effects of fragmentation, all institutions involved must be conscious of, and collectively work towards, a common goal, however loosely defined that goal might be. National governments must also ensure that their negotiating positions are consistent across all relevant fora.

Traditional Knowledge and Intellectual Property

2011 ◽  
pp. 645-654
Author(s):  
Ulia Popova-Gosart
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Traditional Knowledge ◽  
Indigenous Rights ◽  
Global Trade ◽  
Knowledge Resources ◽  
Indigenous Cultures ◽  
The Past

During the past two decades, the search for an appropriate mechanism to protect ‘traditional knowledge’ has been a subject of discourse among international law and policies agents, actors of global trade, academia, environmentalists, and the indigenous-rights activists. Within the framework of international law, the discussion went into two main directions: protection of knowledge products, and protection of rights over knowledge resources as a part of a movement to preserve vitality and diversity of indigenous cultures.

Women’s Rights in Intellectual Property and Traditional Knowledge Protection in Lao pdr

2015 ◽  
Vol 16 (1-2) ◽  
pp. 9-25
Author(s):  
Champathong Phochanthilath
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Women's Rights ◽  
Lao Pdr ◽  
World Intellectual Property Organization ◽  
Women’S Rights ◽  
Human Rights Treaties ◽  
Knowledge Protection ◽  
International Instruments ◽  
Textile Sector

Lao People’s Democratic Republic is a multicultural country within the Association of South East Asian Nations. It recently adopted the Intellectual Property Law in the context of enhancing regional and global economic integration. The traditional handicraft textile sector is important in Laos. It is of benefit to the country’s economic development, as well as being recognized as an important element of both national culture and the identity of Lao women. However, Lao craftswomen are facing a strong challenge preserving their traditional knowledge due to the extremely cheap imitations of items such as scarves and Lao skirts, which are being sold in Laos. This article aims to discuss the existing international instruments and related national laws regarding intellectual property and protection of traditional knowledge with particular regard to women’s rights. Intellectual property and traditional knowledge issues attract more attention than intellectual property rights under the World Intellectual Property Organization regime; unesco, trips, cbd and human rights treaties, all to which Lao is a party, are also relevant. Nationally, Laos is still lacking adequate and appropriate means to protect rights of women as traditional knowledge holders in terms of national laws.

Sixtieth Annual Philip C. Jessup International Law Moot Court Competition

2019 ◽  
Vol 113 ◽  
pp. 439-443
Keyword(s):  
International Law ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Migratory Species ◽  
Ethnic Population

The 2019 Jessup Problem concerns four issues: (1) the responsibility of states with respect to the conduct of a corporate national; (2) the protection of migratory species; (3) the rights to culture and religion; and (4) the rights of indigenous peoples to benefit from their traditional knowledge. The Applicant (Aurok) and the Respondent (Rakkab) are two neighboring states. Aurok is a small, least-developed, landlocked country. Rakkab is larger and has a multi-ethnic population of roughly 4.5 million.

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