The protection of biodiversity and traditional knowledge in international law of intellectual property / by Jonathan Curci.

Format:

Book

Author/Creator:

Curci, Jonathan, author.

Series:

Cambridge intellectual property and information law ; 12.

Cambridge intellectual property and information law ; 12

Language:

English

Subjects (All):

Agreement on Trade-Related Aspects of Intellectual Property Rights (1994 April 15).

Agreement on Trade-Related Aspects of Intellectual Property Rights.

Biodiversity conservation--Law and legislation.

Biodiversity conservation.

Intellectual property (International law).

Traditional ecological knowledge--Law and legislation.

Traditional ecological knowledge.

Physical Description:

1 online resource (xi, 346 pages) : digital, PDF file(s).

Other Title:

The Protection of Biodiversity & Traditional Knowledge in International Law of Intellectual Property

Place of Publication:

Cambridge : Cambridge University Press, 2010.

Language Note:

English

Summary:

The relationships between international intellectual property treaties, the United Nations international environmental treaties (first and foremost the Convention on Biological Diversity), the relevant customary norms and soft law form a complex network of obligations that sometimes conflict with each other. The first set of treaties creates private rights while the latter affirms the sovereignty rights of States over genetic resources and related knowledge and creates international regimes of exploitation of the same. Jonathan Curci proposes solutions to the conflicts between treaties through the concept of 'mutual supportiveness', including the construction of a national-access and benefit-sharing regime, mandatory contractual provisions in relevant international contracts, a defensive protection when genetic resource-related traditional knowledge is unjustly patented through the analysis of the concepts of 'ordre public and morality', 'certificate of origin' in the patent application and 'novelty-destroying prior art' and positive protection through existing and sui generis intellectual property rights and misappropriation regimes.

Contents:

Introduction to legal issues related to genetic resources and traditional knowledge systems in the international intellectual property system

The TRIPS agreement and the patent protection of genetic resources

The relationship between the TRIPS agreement and treaties protecting genetic resources and traditional knowledge

Towards clearer legal definitions

The construction of an access- and benefit-sharing regime and intellectual property issues : criteria and options

The defensive protection of traditional knowledge in international patent law

Positive protection of traditional knowledge

Final observations.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

0-511-84801-3

1-107-20564-6

1-282-65520-5

9786612655203

0-511-76907-5

0-511-76991-1

0-511-76684-X

0-511-76545-2

0-511-76823-0

OCLC:

645939916