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Traditional Knowledge
Knowledge that is local or indigenous is caled traditional knowledge. It refers to the
traditions, customs and practices of indigenous, or local communities. Traditional
knowledge includes wisdom and long tested teachings of these communities.
Indigenous
Intellectual Property |
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Intellectual
Property Rights |
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| International Treaties |
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| Protection
of Traditional Knowledge derived products |
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| Convention on
Biological Diversity (CBD) |
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| Books On
Traditional Knowledge |
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| Case Law |
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Traditional knowledge is not
just personal, or mystical and is within human understanding. Traditional knowledge also
has economic value. Certain communities depend on their traditional knowledge for
survival. Therefore traditional knowledge needs to be protected.
Communities are now looking up to intellectual property laws to preserve, protect, and
promote their traditional knowledge. Certain communities have also sought to make
equitable use of their traditional knowledge. Currently, only a few nations offer explicit
sui generis protection for traditional knowledge.
Traditional knowledge can be protected by prevent others from using or securing
intellectual property rights over traditional knowledge. Traditional knowledge may also
include
- herbal classification, that is, location and properties;
- geographical assets, such as timber or underground deposits,
- animal domestication and hunting; and
- land management and land use.
The World Intellectual Property Organization (WIPO) is actively working with different
nations, organizations, and communities to address the policy and legal issues to protect
traditional knowledge.
WIPO definitions:
Traditional Knowledge and Folklore: "Traditional Knowledge" includes
"tradition-based literary, artistic, or scientific works; performances; inventions;
scientific discoveries; designs; marks, names, and symbols; undisclosed information; and
all other tradition-based innovations and creations resulting from intellectual activity
in the industrial, scientific, literary or artistic fields."
"Tradition-based" refers to "knowledge systems, creations, innovations
and cultural expressions which: have generally been transmitted from generation to
generation; are generally regarded as pertaining to a particular people or its territory;
and are constantly evolving in response to a changing environment."
"Expressions of folklore" consist of "characteristic elements of
traditional artistic heritage developed and maintained by a community... or by individuals
reflecting the traditional artistic expectations of such a community, in particular:
'(i) verbal expressions, such as folk tales, folk poetry, and riddles;
'(ii) musical expressions, such as folk songs and instrumental music;
'(iii) expression by action, such as folk dances, plays and artistic forms of rituals
whether or not reduced to material form; and
'(iv) tangible expressions such as productions of folk art"
There are many definitions of TK and folklore, and that it may not be possible (or
necessary) to develop an all-purpose term. "The definition of IP-related subject
matter may also be expressed very generally when the definition does not determine or
delimit the actual scope of protection to be granted under law."
Traditional Knowledge may be classified as public and non-public knowledge.
Secret or religious ceremonial knowledge could be excluded from a system of
publication-based protection.
Products derived from Traditional Knowledge, such as use of medicinal plants, may be
distinguished from the Traditional Knowledge from which the subject derives.
Traditional Knowledge and products derived from Traditional Knowledge may be protected
under similar or different statutes.
Non-public forms of Traditional Knowledge may be in the manner of a trade secret by the
attachment of sacred or ceremonial significance to such knowledge.
Traditional Knowledge and Intellectual Property (IP) Rights - Issues
- Is Traditional Knowledge better protected as prior art, or trade secret, or by a sui
generis protection schemes ?
- When communities shares a common resource or aspects of Traditional Knowledge, who is
considered the "owner"?
- Are biological species and native germplasm a nationally-owned resource?
- How does one set a value on the potential of Traditional Knowledge, regarding
compensation for access to genetic resources?
- Can indigenous peoples afford litigation to protect their intellectual property (IP)?
Indigenous Intellectual Property
Indigenous intellectual property as a concept developed in the west to protect against
misuse and value the intangible cultural heritage and the diverse wealth of world's
indigenous. Indigenous intellectual property is a legal term used in national and
international forums to identify indigenous peoples' special rights to claims.
United Nations International Year for the World's Indigenous Peoples (1993) and United
Nations Decade of the World's Indigenous Peoples (1995-2004) gave scope for a number of
conferences of indigenous and non-indigenous specialists. Many declarations and statements
identifying and defining 'indigenous intellectual property' were made.
Belem Declaration - Brazil July 1988
"Indigenous cultures around the world are being disrupted and destroyed.":
"Mechanisms be established by which indigenous specialists are recognized as proper
Authorities and are consulted in all programs affecting them, their resources and their
environment"
"Procedures must be developed to compensate native peoples for the utilization of
their knowledge and their biological resources"
Kari-Oca Declaration and Indigenous Peoples Earth Charter - Brazil, May 1992
(Reaffirmed in Indonesia, June 2002)
First agreed in May 1992 by indigenous peoples from the Americas, Asia, Africa, Australia,
Europe and the Pacific, was Reaffirmed in Indonesia, June 2002. The congregation at
Kari-Oca Villages, united in one voice to collectively express their serious concern at
the way the world was exploiting the natural resources upon which indigenous peoples
depend.
Reference is made within the Indigenous Peoples Earth Charter to abuses of indigenous
people's intellectual and cultural properties under headings such as "Culture,
Science and Intellectual Property":
"The usurping of traditional medicines and knowledge from Indigenous peoples should
be considered a crime against peoples .."
"As creators and carriers of civilizations which have given and continue to share
knowledge, experience, and values with humanity, we require that our right to intellectual
and cultural properties be guaranteed and that mechanisms for each be in favour of our
peoples .."
"The protection, norms and mechanism of artistic and artisan creation of our peoples
must be established and implemented in order to avoid plunder, plagiarism, undue exposure,
and use.."
Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous
Peoples - Aotearoa, New Zealand, June 1993
On 18 June 1993, 150 delegates from fourteen countries, including indigenous
representatives from Aiun (Japan), Australia, Cook Islands, Fiji, India, Panama, Peru,
Phillipines, Surinam, USA and Aotearoa (New Zealand) meeting at Whakatane (Bay of Plenty
region of New Zealand): affirmed indigenous peoples' knowledge is of benefit to all
humanity; recognised indigenous peoples are willing to offer their knowledge to all
humanity provided their fundamental rights to define and control this knowledge is
protected by the international community; insisted the first beneficiaries of indigenous
knowledge must be the direct indigenous descendants of such knowledge; declared all forms
of exploitation of Indigenous knowledge must cease.
Under Section 2 of their declaration they specifically ask State, National and
International Agencies to:
"2.1 Recognise that Indigenous peoples are the guardians of their customary knowledge
and have the right to protect and control dissemination of that knowledge.'
"2.2 Recognise that indigenous peoples also have the right to create new knowledge
based on cultural traditon"
"2.3 Accept that the cultural and intellectual property rights of Indigenous peoples
are vested with those who created them."
Julayinbul Statement on Indigenous Intellectual Property Rights
Julayinbul Statement on Indigenous Intellectual Property Rights arose out of a meeting of
indigenous and non-indigenous specialists, who, at Jingarrba, in north-eastern Australia,
agreed indigenous intellectual property rights are best determined from within the
customary laws of the indigenous groups' themselves. Indigenous customary laws are named
'Aboriginal common laws', and a demand is made that these laws be acknowledged and treated
as equal to any other systems of law:
"..Indigenous Peoples and Nations reaffirm their right to define for themselves their
own intellectual property, acknowledging ..the uniqueness of their own particular
heritage.."
"..Indigenous Peoples and Nations .. declare that we .. are willing to share with all
humanity provided that our fundamental rights to define and control this property are
recognised by the international community.."
"Aboriginal intellectual property, within Aboriginal Common Law, is an inherent,
inalienable right which cannot be terminated, extinguished, or taken .. Any use of the
intellectual property of Aboriginal Nations and Peoples may only be done in accordance
with Aboriginal Common Law, and any unauthorised use is strictly prohibited."
Santa Cruz de la Sierra Statement on Intellectual Property - Bolivia, September
1994
Held at Santa Cruz de la Sierra. Indigenous peoples from the south America's concerned
about the way internationally prevailing intellectual property systems and regimes
appeared to be favouring the appropriation of indigenous peoples' knowledge and resources
for commercial purposes, agreed:
"For members of indigenous peoples, knowledge and determination of the use of
resources are collective and intergenerational. No .. individuals or communities, nor the
Government, can sell or transfer ownership of [cultural] resources which are the property
of the people and which each generation has an obligation to safeguard for the next."
"Work must be conducted on the design of a protection and recognition system which is
in accordance with ..our own conception, and mechanisms must be developed .. which will
prevent appropriation of our resources and knowledge."
"There must be appropriate mechanisms for maintaining and ensuring the right of
Indigenous peoples to deny indiscriminate access to the [cultural] resources of our
communities or peoples and making it possible to contest patents or other exclusive rights
to what is essentially Indigenous."
Tambunan Statement on the Protection and Conservation of Indigenous Knowledge -
Sabah, East Malaysia. February 1995
Asian Indigenous people met at Tambunan, East Malaysia, to assert rights of
self-determination, and to express concern about, and fear of, the threat unfamiliar
'western' intellectual property rights systems may pose to them.
The meetting agreed:
"For the Indigenous peoples of Asia, the intellectual property rights system is not
only a very new concept but it is also very western intellectual property property rights,
[and these] alien laws will be devised to exploit the Indigenous knowledge and resources
of the Indigenous peoples."
"The intellectual property rights system and the (mis)appropriation of Indigenous
knowledge without the prior knowledge and consent of Indigenous peoples evoke feelings of
anger, or being cheated"
"Indigenous peoples are not benefiting from the intellectual property rights system.
Indigenous knowledge and resources are being eroded, exploited and/or appropriated by
outsiders in the likes of transnational corporations, institutions, researchers, and
scientists who are after profits and benefits gained.."
"For indigenous peoples, life is a common property which cannot be owned,
commercialized, and monopolised...Based on this world view, Indigenous peoples find it
difficult to relate intellectual property rights .. to their daily lives.."
Kimberley Declaration - August 2002
United Nations Declaration on the Rights of Indigenous Peoples
At the United Nation's General Assembly's 61st session, on the 13th September 2007, an
overwhelming majority of members resolved to adopt the United Nations Declaration on the
Rights of Indigenous Peoples. Regarding the intellectual property rights of indigenous
peoples, the General Assembly:
Recognized "..the urgent need to respect and promote the inherent rights of
indigenous peoples which derive from their political, economic and social structures and
from their cultures, spiritual traditions, histories and philosophies..";
Recognized and reaffirmed ".. that indigenous peoples possess collective rights which
are indispensable for their existence, well-being and integral development as
peoples..";
Solemnly proclaimed as an agreed standard for member nations around the world:
Article 11:[19]
"Indigenous peoples have the right to practise and revitalize their cultural
traditions and customs. This includes the right to maintain, protect and develop the past,
present and future manifestations of their cultures, such as archaeological and historical
sites, artefacts, designs, ceremonies, technologies and visual and performing arts and
literature."
"States shall provide redress through effective mechanisms, which may include
restitution, developed in conjunction with indigenous peoples, with respect to their
cultural, intellectual, religious and spiritual property taken without their free, prior
and informed consent or in violation of their laws, traditions and customs."
Article 24[20]
"Indigenous peoples have the right to their traditional medicines and to maintain
their health practices, including the conservation of their vital medicinal plants,
animals and minerals..."
Article 31[20]
"Indigenous peoples have the right to maintain, control, protect and develop their
cultural heritage, traditional knowledge and traditional cultural expressions, as well as
the manifestations of their sciences, technologies and cultures, including human and
genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral
traditions, literatures, designs, sports and traditional games and visual and performing
arts. They also have the right to maintain, control, protect and develop their
intellectual property over such cultural heritage, traditional knowledge, and traditional
cultural expressions."
"In conjunction with indigenous peoples, States shall take effective measures to
recognize and protect the exercise of these rights."
References
Blakeney M., Bioprospecting and the Protection of Traditional Medical Knowledge of
Indigenous People: an Australian Perspective, in E.I.P.R. 1997, 29(6), 298-303.
Blakeney M., The Protection of Traditional Knowledge under Intellectual Property Law, in
E.I.P.R. 2000, 22(6), 251-261.
Chen, J.(2005) “There’s no such thing as biopiracy … and it’s a good
thing too”. 36 McGeorge Law Review.
Correa, C.M. (2001) “Traditional knowledge and intellectual property: issues and
options surrounding the protection of traditional knowledge”. Quaker United Nations
Office Discussion Paper 18.
Drahos P., Indigenous Knowledge, Intellectual Property and Biopiracy: Is a Global
Biocollecting Society the Answer, in E.I.P.R. 2000, 22(6), 245-250.
Dutfield G., Legal and Economic Aspects of Traditional Knowledge, in International Public
Goods and Transfer of Technology Under a Globalized Intellectual Property Regime, edited
by J.H. Reichman & K. Maskus, Cambridge, 2005.
Dutfield G., TRIPS-related Aspects of Traditional Knowledge, in 33 Case W. Res. J.
Int’l L. 233, 2001.
Dutfield G. [lead author] (2003) Intellectual Property Rights: Implications for
Development, Geneva: UNCTAD & ICTSD.
Dutfield G. (2004) Intellectual Property, Biogenetic Resources and Traditional Knowledge,
London: Earthscan Publications.
Ezzell, C (2002) “Proteins rule”. Scientific American, 286(4), pp 26-33.
Four Directions Council (1996) “Forests, indigenous peoples and biodiversity.
Contribution of the Four Directions Council to the Secretariat of the Convention on
Biological Diversity”, Lethbridge: FDC.
Fowler, B.J. (2004) “Preventing counterfeit craft designs”, in Finger, J.M. and
Schuler, P. (eds), Poor People’s Knowledge: Promoting Intellectual Property in
Developing Countries, Washington DC: The World Bank, pp.113-131.
Gopalakrishnan N.S., TRIPS and Protection of Traditional Knowledge of Genetic Resources:
New Challenges to the Patent System, in E.I.P.R. 2005, 27(1), 11-18.
Gupta, A.K. (1999) “Making Indian agriculture more knowledge intensive and
competitive: the case of intellectual property rights”. Indian Journal of
Agricultural Economics, 54(3), pp 342-369.
Ten Kate, K and Laird, S A (1999) The Commercial Use of Biodiversity: Access to Genetic
Resources and Benefit Sharing, Earthscan, London.
Lewis, T. & J.H. Reichman (2005) “Using liability rules to stimulate local
innovation in developing countries”, in K.E. Maskus and J.H. Reichman, International
Public Goods and Transfer of Technology under a Globalized Intellectual Property Regime,
Cambridge: Cambridge University Press.
Pires de Carvalho N., From the Shaman’s Hut to the Patent Office: In Search of a
TRIPS-Consistent Requirement to Disclose the Origin of Genetic Resources and Prior
Informed Consent, in 17 Wash. U. J.L. & Pol’y 111 2005.
Posey, D.A. (2002) “Selling Grandma: commodification of the sacred through
intellectual property rights”, in Barkan, E. and R. Bush (eds), Claiming the
Stones/Naming the Bones: Cultural Property and the Negotiation of National and Ethnic
Identity, Los Angeles: Getty Research Institute.
Prott, L.V. (1998) “Cultural rights as peoples’ rights in international
law”, in Crawford, J. (ed), The Rights of Peoples, Oxford: Clarendon Press.
Richards, P. (1999) “Casting seeds to the four winds: a modest proposal for plant
genetic diversity management”, in Posey, D.A. (ed) Cultural and Spiritual Values of
Biodiversity, Nairobi & London: UNEP & IT Publications.
Ruiz, M. (2006) “The not-so-bad US/Peru side letter on biodiversity”. Bridges
10(1), 18-20.
Sarnoff, J.D. and Correa, C.M. (2006) Analysis of Options for Implementing Disclosure of
Origin Requirements in Intellectual Property Applications, Geneva & New York: United
Nations.
Sheleff, L. (1999) The Future of Tradition: Customary Law, Common Law and Legal Pluralism,
London & Portland: Frank Cass.United Nations Conference on Trade and Development
(2000) “Systems and national experiences for protecting traditional knowledge,
innovations and practices. Background note by the UNCTAD Secretariat”, UNCTAD,
Geneva.
Wolfe, T.A. & B. Zycher (2005) Biotechnological and Pharmaceutical Research and
Development Investment under a Patent-based Access and Benefit Sharing Regime. San
Francisco: Pacific Research Institute.
http://www.pacificresearch.org/pub/sab/health/2005/ABS.pdf
World Health Organization, International Union for Conservation of Nature, and World Wide
Fund for Nature (1993) Guidelines for Conservation of Medicinal Plants, Gland: IUCN. |
Traditional
Knowledge derived products versus U.S. patents
Turmeric
The University of Mississippi Medical Center was granted in 1995 U.S. Patent No.
5,401,504, which covered the use of turmeric in wound healing. Turmeric, derived from a
plant, had been used for thousands of years by the people of India for medicinal and other
purposes and this fact had been documented in Indian publications. Therefore, on
reexamination, claims of the patent were ultimately cancelled for lack of novelty.
This highlights the importance of publishing traditional knowledge: by making such
knowledge publicly accessible, it is maintained in the public domain to be used by anyone
and can serve as prior art to prevent patentability.
Neem
Substances derived from the neem tree have been used for thousands of years by the people
of India for pesticidal and other purposes. The United States has issued a number of
patents for neem-based inventions.
U.S. Patent No. 4,946,681, assigned to U.S. company W.R. Grace & Co., covers a
technique for extracting neem seeds to produce stable azadirachtin solutions.
U.S. Patent No. 5,124,349, assigned to U.S. company W.R. Grace & Co., covers a
storage-stable pesticide composition comprising a neem seed extract solution containing
azadirachtin.
Inventors may have drawn upon the Traditional Knowledge of the Indian people, though the
patented inventions are different as to method of extraction and final product.
Basmati Rice
Basmati rice has long been produced for thousands of years in India and Pakistan.
U.S. Patent No. 5,663,484, assigned to the United States company of RiceTec, Inc., covered
Basmati rice lines and grains. On reexamination, fifteen of the patent's twenty claims
were cancelled as unpatentable over the prior art.
The remaining claims relate only to the varieties actually bred by RiceTec, Inc.
The patent examiner also changed the title of the patent from "Basmati Rice Lines and
Grains" to "Rice Lines Bas867, RT 117, RT1121."
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Protection of
Traditional Knowledg derived products
Plant variety protection certificates, plant patents, design patents, trademarks,
copyrights, trade secrets, or utility patents are some of the systems in place for the
protection of Traditional Knowledg derived products.
Plants
Plant Patent Act (35 U.S.C. §§161-164) - asexually reproduced new plant varieties may be
protected under this Act.
Plant Variety Protection Act (PVPA, 7 U.S.C. 2321) - sexually reproduced new plant
varieties may be protected under this Act. Under PVPA, a plant must be novel, but does not
have to be nonobvious. Plants cultivated by Indigenous peoples for medicinal and other
uses may be protected by plant patent or plant variety certificate.
A plant patent gives the inventor or breeder exclusive rights to exclude others from
production, reproduction, sale, export, and stocking of the plant or its material. To be
patentable, plants must be nonobvious and novel.
A plant variety certificate gives the owner, breeder, or discoverer of a new plant variety
the right to exclude others from selling, exporting, or propagating the plant, although
farmers and researchers are exempt from propagation exclusion.
Designs
Design patents may also be used to protect Traditional Knowledge-derived products or
folklore-based designs.
Design patent (35 U.S.C. § 171) - the ornamental design of a manufactured article, in
contrast to the article's functional design.
Design is patentable provided the design meets novelty and nonobviousness requirements.
Trademarks
The U.S. Patent and Trademark Office is working on the development of a database of
official Native American Tribe insignia for the purposes of trademark protection.
Copyright
Copyright may be used to protect folklore or Traditional Knowledge-derived expressions
such as artistic works or performances.
Trade Secret
Non-public forms of Traditional Knowledge could be in the manner of a trade secret by the
attachment of sacred or ceremonial significance to such knowledge. Public traditional
knowledge may not be protected by trade secret laws.
Case Law
Natural products are not patentable. The Supreme Court in Funk Bros. Seed Co. v. Kalo
Inoculant Co., 75 U.S.P.Q. 280 (1948) held that claims to the mixture of bacteria, as a
product, were not patentable because each of the bacteria existed in nature before, and
without more, their combination was a mere discovery of nature. Thereafter, the Funk Seed
case was regarded as standing for the general rule that products found in nature are not
patentable.
Where the natural product has been purified.
Merck & Co. Inc. v. Olin Mathieson, 116 U.S.P.Q. 484 (4Cir. 1958) and Merck & Co.
Inc. v. Chase Chemical, 155 U.S.P.Q. 139 (D.N.J. 1967) furthered the idea that products
from nature but modified by man were patentable. The inventors in the Merck vitamin B-12
cases were the first to separate and purify vitamin B-12 from fermentates. The patent
claimed the purified vitamin B-12 product. The court concluded that the purified vitamin
B-12 was not the same as that found in nature, but a new and useful composition entitled
to patent protection.
Kratz et al., 201 U.S.P.Q. 71 (C.C.P.A. 1970) furthered the argument that purified natural
products are patentable, by upholding a patent for substantially pure 2-methyl-2-pentenoic
acid, the chemical responsible for the flavor and fragrance of strawberries.
Diamond v. Chakrabarty, 447 U.S. 303, 65 (1980), centered on the question of whether a
living organism qualifies as a "composition of matter" which could be
patentable. The invention involved bacteria which had been engineered in the laboratory to
contain new genes that enabled the bacteria to degrade components of crude oil, which
could be used to treat oil spills. The United States Supreme Court upheld the
patentability of Chakrabarty's microorganisms and enunciated the rule that patentable
subject matter encompassing a process, machine, manufacture, or composition of matter in
Section 101 of the Patent Statute included "anything under the sun that is made by
man."
Genetically modified plants are similarly qualified subjects for utility patents
Hibberd, 227 U.S.P.Q. 443, 444 (BNA, 1985), in which plants genetically engineered to
produce increased levels of the nutritional amino acid tryptophan were upheld as
patentable subject matter.
J.E.M. Ag. Supply, Inc. v. Pioneer Hi-Bred, Inc., 534 U.S. 124 (2001). - A plant can be
protected simultaneously by a plant patent and a utility patent.
International Treaties:
There are many differences between U.S. and international interfaces between intellectual
property and traditional knowledge. The United.States has little specific legal protection
for Traditional Knowledge derived products.
United.States is a signatory to the North American Free Trade Agreement (NAFTA), and the
World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property
(TRIPs).
NAFTA contains no provisions relating specifically to Traditional Knowledge, but NAFTA has
incorporated the International Convention (Union) for the Protection of New Varieties of
Plants (UPOV) to protect plant breeder's rights. UPOV is legislated by the Plant Variety
Protection Act (PVPA).
United.States excludes foreign practice, 'known or used' or 'offered for sale' of an
invention from being prior art in view of 35 U.S.C. §§ 102 & 104. The amended § 104
recognizes foreign practice of an invention in countries that are signatories to the NAFTA
and/or the WTO agreements. Such provisions allow for the use of unpublished Traditional
Knowledge in NAFTA and WTO countries as prior art, foreign publications are given equal
weight to United.States publications as prior art, which suggests a way in which
publication of Traditional Knowledge can be counter-productive.
Under 35 U.S.C. 119(a), the publication of Traditional Knowledge may protect Traditional
Knowledge derived inventions from being patented by non-Traditional Knowledge holders.
This could invalidate any attempts by Traditional Knowledge-holders themselves to obtain a
United.States patent on their Traditional Knowledge or Traditional Knowledge derived
inventions.
There are no specific provisions for Traditional Knowledge or Traditional Knowledge
derived products under TRIPs, but it prescribes international minimum standards for
protecting intellectual property. The objectives of the TRIPs Agreement include reducing
impediments to international trade, protecting intellectual property rights, and ensuring
that measures to enforce intellectual property rights do not themselves become barriers to
legitimate trade. - Preamble, Agreement on Trade-Related Aspects of Intellectual Property
Rights (1994).
TRIPs recognizes "the special needs of the least-developed country Members in respect
of maximum flexibility in the domestic implementation of laws and regulations in order to
enable them to create a sound and viable technological base." - Preamble, Agreement
on Trade-Related Aspects of Intellectual Property Rights (1994).
The TRIPs Agreement requires its Member countries to make patents available for any
inventions, subject to the tests of novelty, inventive step and industrial applicability.
- TRIPs, Article 27.1.
However, members may exclude from patentability:
inventions that defy ordre public or morality, the prevention of which protects human,
animal or plant life or health, and avoids serious prejudice to the environment;
diagnostic, therapeutic and surgical methods for the treatment of humans or animals;
plants and animals other than micro-organisms, and essentially biological processes for
the production of plants or animals other than non-biological and microbiological
processes.
The last exception, in particular, may provide a mechanism to protect some forms of
Traditional Knowledge from by foreign enterprises.
Convention on Biological
Diversity (CBD)
The United Nations Conference on Environment and Development established the Convention on
Biological Diversity (CBD) to address major issues of biodiversity. The three main goals
of the Convention are the conservation of biodiversity; the sustainable use of the
components of biodiversity; and sharing the benefits arising from the commercial and other
utilization of genetic resources in a fair and equitable way. - Sustaining life on
Earth", Secretariat of the Convention on Biological Diversity, 2000.
Convention on Biological Diversity, Article 8 (j) states that each party shall,
"subject to its national legislation, respect, preserve and maintain knowledge,
innovations and practices of indigenous and local communities embodying traditional
lifestyles relevant for the conservation and sustainable use of biological diversity and
promote their wider application with the approval and involvement of the holders of such
knowledge, innovations and practices and encourage the equitable sharing of the benefits
arising from the utilization of such knowledge, innovations and practices".
International Treaty on Plant Genetic Resources (ITPGR)
The U.N. Food and Agricultural Organization (FAO) adopted the International Treaty on
Plant Genetic Resources (ITPGR) in 2001. The IPTGR provides for a multilateral approach to
access and benefit from sharing of plant genetic resources, in which access to these
genetic resources are provided in exchange for access to and transfer of information and
technology, capacity-building, and sharing of benefits arising from commercialization. -
Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore, WIPO.
Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore, WIPO,
has outlined provisions suggesting ways to negotiate equitable contracts involving
Traditional Knowledge. The outlined proposals and case studies offer essentially sui
generis protection regimes for Traditional Knowledge along with contracting and licensing
rules designed to provide income to particular communities.
A WIPO case study describes a benefit sharing arrangement developed by the University of
California at Davis (UC Davis) involving a Traditional Knowledge derived wild rice from
Mali.
The rice strain Oryza longistaminata, which has a blight-resistance gene that was cloned
and patented by researchers at the university, was used by select local Malian communities
and collected by Malian and Indian scientists. UC Davis, wanting to compensate the
germplasm source countries, established a Genetic Resource Recognition Fund. Royalties
generated from commercialization of the disease resistance gene could then be used to
provide fellowships to students from developing countries, who would return to their
countries to help in nation building. The university goals for establishing the Fund were:
"To establish a mechanism to recognize and compensate for germplasm contributions
from developing nations."
"To provide a means for scientists to patent their inventions while maintaining
productive collaborations and good relations with scientists from developing
countries."
"To encourage university/ developing nation/ industry links for commercialization of
genetically engineered products."
"To create a constructive solution that would be easy to implement and be widely
accepted."
"To create economic incentive for continued sharing of germplasm and conservation
efforts."
WIPO has also published actual and model contracts, including Memoranda of Understanding,
Material Transfer Agreements, and Letters of Collaboration. -
http://www.wipo.int/globalissues/databases/contracts/summaries/
WIPO is also developing a database of contracts relating to intellectual property (IP),
access to genetic resources, and benefit-sharing.
Many countries are developing databases to document Traditional Knowledge and Traditional
Knowledge practices, as prior art for defense against attempts to patent Traditional
Knowledge derived products.
WIPO has published "Inventory of existing online databases containing traditional
knowledge documentation data", Traditional Knowledge databases from China, India, and
Venezuela, to demonstrate the Knowledge available and to illustrate examples of
intellectual property (IP) issues that have arisen from Traditional Knowledge databases.
Books On Traditional Knowledge
 Intellectual
Property, Biogenetic Resources and Traditional Knowledge (September 2004)
by Graham Dutfield
This book is about the relationships between intellectual property (IP), biochemical and
genetic resources ('biogenetic resources' for short - both as they exist in nature and in
the form of commercial products) - and knowledge relating to practical applications of
these resources, including traditional knowledge
Graham Dutfield is Senior Research Fellow at Queen Mary College London. He is co-editor of
Trading in Knowledge (2003, ) and Intellectual Property Rights, Trade and Biodiversity
(2002).
Book Description
A comprehensive volume on the relationships between intellectual property, biogenetic
resources as they exist in nature and in the form of commercial products and knowledge
relating to practical applications of these resources, including traditional knowledge.
The book delves into how these three topics relate to conservation and sustainable use of
biodiversity, benefit sharing from commercial use of biodiversity, biotechnological
innovation and technology transfer, agriculture, food security and nutrition, rural
development, and health and international equity.
Part I clarifies the economic importance of industries that use biogenetic resources and
traditional knowledge, the extent to which they are dependent upon them, and the way that
modern intellectual property rights (IPR) law has evolved to meet their needs. It also
describes the relevant international law. Part II shows how stronger IPR protection in the
area of life science innovation and biogenetic resources has given rise to controversies.
Part III focuses on traditional knowledge protection. Part IV covers international
negotiations and policy-making, and legislative initiatives of national governments. Part
V focuses on two developing countries, India and Kenya, assessing how far such countries,
taking into account the international rules as they currently exist, may harness their
natural endowments to develop their economies, and whether success will encourage the
conservation and sustainable use of the resource base.
The book adopts a multidisciplinary approach, and will appeal to those new to the subject
and to those with some grounding in the subject including students, academics, legal
practitioners, government policy-makers and the private sector.
Biodiversity
and Traditional Knowledge (Paperback)
by Sarah A. Laird (Editor)
This practical manual demonstrates how to arrive at equitable and successful arrangements
over access to, and the commercial development of, genetic resources. Despite much
discussion at the international policy level relating to the use of genetic resources and
traditional knowledge, to date there has been no such guide on integrating concepts into
practice. Many parties have stakes in the commercial use of biodiversity, from local
communities and indigenous peoples to resource managers, NGOs, research institutes and
universities, industry and national governments.
This guide draws on experience from a range of countries around the world to show how the
benefits from the commercial use of biodiversity can be maximized and shared equitably
while also achieving local conservation and development objectives. It explains how groups
can better design and control the terms of research and business partnerships, and also
how to participate in drafting national laws and contributing to international policy
debate.
No single model fits all circumstances, and the manual is structured to enable readers to
select and apply approaches most relevant to them. It includes extensive information on
the codes, contracts, policies and other documents required, as well as extensive contact
details. It will be an invaluable tool for all the stakeholders involved in
benefit-sharing research and commercial partnerships.
Published in association with WWF International and UNESCO
Practice manual demonstrates how to arrive at equitable and successful arrangements over
access to, and the commercial development of, genetic resources. Draws on experience from
a range of countries around the world to show how the benefits from the commercial use of
biodiversity can be maximized. Softcover.
Sarah A. Laird is co-author of "The Commercial Use of Biodiversity". |
Indigenous
Knowledge and Ethics: A Darrell Posey Reader (Studies in Environmental Anthropology)
(Hardcover)
by Darrell A Posey (Author)
Book Description
This book presents seventeen of Posey's articles on the topics of ethnoentomology,
indigenous knowledge, and intellectual property rights. Demonstrating his belief in the
validity of indigenous knowledge systems, and his insistence that indigenous rights must
be recognized and protected, it is an ideal introduction to his thought and work.
Indigenous
Heritage and Intellectual Property: Genetic Resources, Traditional Knowledge, and Folklore
(Hardcover)
by Anja Von Hahn (Contributor), Michael Hassemer (Contributor), Roland Knaak
(Contributor), Annette Jur (Contributor), Matthias Leistner (Contributor), Silke Von
Lewinski (Editor), Agnes Lucas-Schloetter (Contributor), P. Tobias Stoll (Contributor),
Silke Von Lewinski (Editor)
First Sentence:
For the past few years, the topic of genetic resources, traditional knowledge and folklore
has entered the ambit of intellectual property discussions.
Community
Resources: Intellectual Property, International Trade And Protection Of Traditional
Knowledge (Globalization and Law) (Hardcover)
by Johanna Gibson
Intellectual
Property Needs and Expectations of Traditional Knowledge Holders: Wipo Report
on Fact-Finding Missions on Intellectual Property and Traditional Knowledge (1998-1999
(Paperback)
by World Intellectual Property Organization
Wipo
Technical Study On Patent Disclosure Requirements Related To Genetic Resources And
Traditional Knowledge
World Intellectual Property (November 15, 2004)
Rights
to Plant Genetic Resources and Traditional Knowledge : Basic Issues and Perspectives
(CABI Publishing) (Hardcover) (June 1, 2006)
by S. Biber-Klemm, T. Cottier
This book discusses the means, instruments and institutions to create incentives to
promote conservation and sustainable use of traditional knowledge and plant genetic
resources for food and agriculture, in the framework of the world trade order. It
approaches these topics on a broad basis: it analyses in depth the option to create
specific sui generis intellectual property rights of the TRIPS Agreement It then discusses
the ways to support the maintenance of information which cannot be allocated to specific
authors, and examines alternative concepts within the trade of traditionally generated
information and related products. |
Indigenous
Heritage and Intellectual Property Biodiversity
and Traditional Knowledge Intellectual
Property Needs and Expectations of Traditional Knowledge Holders Wipo
Technical Study On Patent Disclosure Requirements Related To Genetic Resources And
Traditional Knowledge Rights
to Plant Genetic Resources and Traditional Knowledg Protection
Of Traditional Knowledge Intellectual
Property, Biogenetic Resources and Traditional Knowledge
 Intellectual
Property Stories 2005 (Paperback) (November 30, 2005)
by Jane C. Ginsburg (Editor), Rochelle Cooper Dreyfuss (Editor)
Intellectual Property Stories brings famous cases and case law to life by telling the
true, never-heard-before stories behind landmark Intellectual Property cases and case law.
Intellectual Property Stories is organized into six chapters, each drawing on case law in
patents, copyrights, trademarks, or unfair competition, to illustrate the problems
intellectual property law encounters. The works, inventions, and marks at issue in these
cases and case law vary widely.
Intellectual
Property Management : A Guide for Scientists, Engineers, Financiers, and Managers
(Hardcover) (March 6, 2006)
by Claas Junghans, Adam Levy, Rolf Sander (Contributor), Tobias Boeckh (Contributor), Jan
Dirk Heerma (Contributor), Christoph Regierer (Contributor)
This concise introduction to European patent law and global patent perspectives combines
the legal and economic perspectives to adopt a unique approach that serves both inventors
-- engineers and scientists -- as well as financiers and economists.
Written by experts with first-hand knowledge this book is completely up-to-date, taking
into account recent additions to European patent law, especially in the field of
biotechnology and genetics. While concentrating on the EU, the world perspective is
nevertheless represented, including US particularities. The result is a set of guidelines
allowing readers to develop a holistic patent strategy suitable for their specific needs.
For scientists, engineers, managers and financiers in the chemical industry.
This concise introduction to patent law and strategy combines legal, scientific and
economic perspectives to provide a thorough foundation in the subject. The result is a set
of guiding principles that allow readers to develop a holistic patent strategy aligned
with their needs, and those of both fledgling and established companies.
Written by experts with up-to-date and first-hand knowledge in the field, this book takes
a global view, with particular emphasis on recent modifications to European Law and the
particularities of US Law.
It is recommended as first reading for scientists, managers and financiers, as well as
providing patent agents and advisors with a balanced commercial perspective.
Pirates
of the Digital Millennium : How the Intellectual Property Wars Damage Our Personal
Freedoms, Our Jobs, and the World Economy (Hardcover) (September 20, 2004)
by John Gantz, Jack B. Rochester
Pirates of the Digital Millennium: Preface PREFACE It was a quintessential New England
fall morning-crisp, sunny, cold-that day in November 2002. We were two old friends and
colleagues, getting together for breakfast to catch up, talk about our work, our children,
our lives. John, the researcher, was just finishing up a massive project at IDC on the
economic impact of worldwide software piracy. Jack, the writer, smelled an important story
in the making. We were both amazed at the extent of worldwide copyright violation,
astounded at how fast Napster had grown, sad at its demise and the loss of one of the
easiest to use software programs we'd ever seen, and amused at how quickly KaZaA had
filled its shoes. Little did we know that the casual activity known as file-sharing, or
downloading MP3s, would explode in the news six months later when the Recording Industry
Association of America began issuing takedown orders on college students. And even though
we knew our kids-boys in high school, college, and beyond-were downloaders, we didn t
really understand how they felt about what they were doing, about what the music industry
was doing, or about copyright infringement in general. Nor, when we met, did we understand
the wildly complex facets of copyright law-for example, how it was rewritten 11 separate
times during the 1900s, each time granting longer and longer terms of copyright. We had no
idea that Mickey Mouse s copyright (1928 2023) would outlive his creator, Walt Disney
(1901 1966), by 57 years. We had yet to grasp the full extent of worldwide media piracy
and its impact on the global economy. Before we left the breakfast table, we were talking
about working together on another book, 20 years after our first collaboration- a widely
popular book called The Naked Computer- was published. Our agent and publisher shared our
enthusiasm for this new book, and soon we were once again writing together. We have
entered the digital millennium, where most, if not all, of our media have been (or soon
will be) rendered into the strings of ones and zeroes a computer chip understands. The
world is awash in media and entertainment devices, personal computers, Internet
connections, and broadband transmission. We re surrounded by MP3 players, TiVo, Personal
Video Recorders, CD burners, iPods, laptops, Playstations, and more. Technology has
unsheathed a sword of Damocles that makes it possible for us to enjoy media-software,
computer games, music, movies-in ways that were not possible 20 years ago. At the same
time, it threatens the long-held right of artists and copyright owners to expect a fair
return for their intellectual capital and the sweat of their brows. Yet as the media for
gaming, music, movies, and computers become ever more interchangeable, so will the public
s expectations that they ought to have the right to use them in all the new and different
ways they choose. These two viewpoints are in serious conflict. When we began writing
Pirates of the Digital Millennium , we held some cherished, all-American beliefs. We
believed business is entitled to a profit. We were convinced that black marketeers in
other countries are hurting the world s economy by stealing and replicating computer
software and games, movies, and other forms of intellectual property. We assumed kids don
t really understand copyright and that they re stealing from record companies and artists.
But after a year of researching and writing, we didn t end up in quite the same
intellectual place we started. This book was a journey of personal discovery. We hope it
will be the same for you. We have been forced to scrutinize our personal philosophies and
our understanding about what motivates people. We ve had to travel the timeline of
copyright protection from the Middle Ages until now to see how it has evolved. We ve had
to understand how business, politics, and law mix in today s information society. We ve
had to ask: What freedoms have we given up in the name of copyright protection? Our
discussion concerns intellectual property: its use and its value. On one hand are those
who believe that anything they conjure up, anything that transforms an idea into form, is
intellectual property. On the other are the individuals who believe just as passionately
that the entire notion of intellectual property is at best a farce, at worst just another
way to suck profits out of the ether. In between these two extremes is a spectrum of
social, legal, and ethical points of view. There s a battle outside and it s ragin , sang
Bob Dylan in The Times They Are A-Changin . This battle pits media conglomerates against
teenagers, artists against artists, technology providers against content providers,
nations against nations, Internet service providers against entertainment companies, media
companies against their best customers-and even law enforcement against organized crime.
The ownership of intellectual property has been passing from the minds of artists and into
the bank accounts of media businesses for at least 200 years. Yet since the passage of the
Digital Millennium Copyright Act of 1998, some of those in the media business have
developed a lockdown mentality that many people feel threatens their right to enjoy the
media they buy however they see fit, as well as the public right of fair use. The concerns
discussed in this book rise way beyond simply being able to legitimately download a song
from the Internet: They extend all the way to your right to not sit through commercials
when you watch a recorded television show. There are those who believe the American model
of capitalism, along with American intellectual property, should be promulgated throughout
the world economy, with the same terms of sale and use for their products as in the United
States, regardless of disparities in economic status or local customs regarding ownership
and copying. And there are those who don t. We found ourselves asking a number of these
questions as we traveled the road from blank page to completed manuscript: Do we have a
right to use media we license or buy in any way we see fit? Do the media publishers have a
right to profit for decades from their acquired intellectual property? Is downloading
stealing or civil disobedience? Is enforcement curtailing piracy or making it worse? Can
we expect to change the hearts and minds of the global citizenry to a capitalistic point
of view? Could the software companies and media firms do something different to alleviate
the problem? How bad is the problem? Whose problem is it? Why do pirates pirate? And why
don t others? This is our invitation to you to take a journey into the heart of
intellectual property darkness with us. WHAT S IN THIS BOOK? Here s a roadmap for the 10
chapters of the journey you re about to embark upon with us: Chapter 1, Are You a Digital
Pirate ?, presents an overview of the ideas and social situations regarding the licit and
illicit use of copyrighted intellectual property. We ask you to evaluate your own
behavior, or that of people close to you, to determine if you, or they, are pirates of the
digital millennium. Chapter 2, Is it Copyright or the Right to Copy ?, presents a history
of modern copyright in what we generally regard as Western civilization, beginning with
monks in the European Dark Ages and moving (somewhat regressively) through English law to
American issues of fair use and the sanctity of ideas. A table of the political history of
copyright concludes the chapter. Chapter 3, Us Against Them ?, explores the war over
intellectual property use, providing a fair and balanced perspective of all the competing
camps. It s the scorecard-the playbook-of the conflict. Chapter 4, Inside the Corporate
Intellect: A Day at Microsoft , explains just what goes into software development, in
terms of human intellectual capital and corporate resources. Next time you think how cheap
it is to make a CD, remember this chapter and that the aluminum and plastic disc is a very
small part of the cost. Chapter 5, Inside the Sausage: The Making of the Digital Millen
nium Copyright Act , sets out what led to the creation and passage of this piece of
legislation, which has caused one of the most pitched battles between copyists and
capitalists in the history of copyright. Chapter 6, Global Fallout , explores the
worldwide effects and aftereffects of digital piracy. We re not talking about kids
downloading tunes here. In some cases, organized crime is a major player. We explore what
it takes for a less privileged country to gain economic footing with our intellectual
property. Chapter 7, Dude, Where s My MP3 ?, focuses on youth, primarily American, who
regard access to the Internet as an ordained right and anything on it as fair and free
game. Yes, a game: If the copyright holders find a way to protect their intellectual
property, the game is to crack it. Chapter 8, Eliot Ness or Keystone Kops ?, looks at the
attempts- and we do mean attempts-to stem the tide of international piracy and download
thievery. While the RIAA did put the fear of God in America s downloaders for a short
while, most have come to believe that detection and punishment are unlikely-and it appears
they may be right. Ditto for the rest of the digital planet. Chapter 9, Angel on My
Shoulder: What s in It for Me? , asks you to examine your own beliefs and ethics in making
a personal determination about what s right and what s not, what the other guy does be
damned. We all have to take our own ethical stand. Chapter 10, Through the Fog: The Future
of Intellectual Property, sums up what we've learned in the foregoing nine chapters, and
extrapolates from that some solutions to the problem. Here you can test our logic and
vision, and add your own. The Afterword, following Chapter 10, describes each of our
personal journeys, where we reveal our views to you. Don't peek until you ve read the
book, though!
Intellectual
Property in the New Millennium : Essays in Honour of William R. Cornish (Hardcover)
(October 14, 2004)
by David Vaver (Editor), Lionel Bently (Editor)
'... this festschrift is thoughtfully compiled and well written, on topics of considerable
variety and importance, thus extending its shelf life beyond its immediate celebratory
purpose.' World Intellectual Property Organization Magazine
Intellectual property law is a subject of increasing economic importance and the focus of
a great deal of legislative activity at an international and regional level. This
collection brings together contributions from some of the most distinquished scholars in
this exciting and controversial field, covering the full extent of intellectual property
laws, that is, patents, copyright, trade marks and related rights. the contributions
examine some of the most pressing practical and theoretical concerns which intellectual
property lawyers face.
Open
Source Licensing : Software Freedom and Intellectual Property Law (Paperback) (July
22, 2004)
by Lawrence Rosen
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand
how open source licenses work—and their solid legal foundations. Open Source
Initiative general counsel Lawrence Rosen presents a plain-English guide to open source
law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual
property laws that support open source licensing, carefully reviews today’s leading
licenses, and helps you make the best choices for your project or organization. Coverage
includes:
Explanation of why the SCO litigation and other attacks won’t derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents,
and trademarks
"Academic licenses": BSD, MIT, Apache, and beyond
The "reciprocal bargain" at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open
source software
Choosing the right license: considering business models, product architecture, IP
ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits
“I have studied Rosen’s book in detail and am impressed with its scope and
content. I strongly recommend it to anybody interested in the current controversies
surrounding open source licensing.”
- John Terpstra, Samba.org; cofounder, Samba-Team
“Linux and open source software have forever altered the computing landscape. The
important conversations no longer revolve around the technology but rather the business
and legal issues. Rosen’s book is must reading for anyone using or providing open
source solutions.”
- Stuart F. Cohen, CEO, Open Source Development Labs
A complete guide to the law of open source for developers, managers, and lawyers
Now that open source software is blossoming around the world, it is crucial to understand
how open source licenses work—and their solid legal foundations. Open Source
Initiative general counsel Lawrence Rosen presents a plain-English guide to open source
law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual
property laws that support open source licensing, carefully reviews today’s leading
licenses, and helps you make the best choices for your project or organization. Coverage
includes:
Explanation of why the SCO litigation and other attacks won’t derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents,
and trademarks
“Academic licenses”: BSD, MIT, Apache, and beyond
The “reciprocal bargain” at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open
source software
Choosing the right license: considering business models, product architecture, IP
ownership, license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits |
 Fundamentals
of Intellectual Property Valuation : A Primer for Identifying and Determining Value
(Paperback) American Bar Association (January 25, 2006)
by Wes Anson
This primer, written by experts in the area, answers some of the most frequently asked
questions about identifying the value of the primary types of intellectual property (IP)
and other intangible assets. It also looks at the primary, traditional, and
not-so-traditional methods of valuing these assets and includes definitions, glossary,
case law studies and situations where valuation is required.
A
Primer on Intellectual Property Licensing (Paperback)
by Heather Meeker
A PRIMER ON INTELLECTUAL PROPERTY LICENSING (Second Edition) is a compact, practical guide
to one of the most dynamic and popular areas of legal practice today—intellectual
property licensing. Developed by an attorney (advocate) in private practice who
specializes in Silicon Valley technology licensing, this guide presents the basic rules of
law you need to know for a licensing practice, along with helpful examples of contractual
language, practice tips, and insights on custom and practice in the industry. This
textbook is appropriate for a law school or business school seminar, or for practicing
attorneys who wish to expand their practice into this exciting field. Individual chapters
from this text are also available for seminars and CLE presentations (in electronic
format).
Heather Meeker is an attorney (advocate) in private practice at Greenberg Traurig, LLP, a
leading technology law firm in Silicon Valley, and specializes in drafting and negotiating
intellectual property transactions for software and other technology clients. She also
serves as an adjunct professor at Hastings College of the Law, teaching a seminar in
intellectual property licensing, for which this textbook was developed. Ms. Meeker has
degrees from Yale College and Boalt Hall School of Law. She clerked for the United States
Circuit Judge John Porfilio of the Tenth Circuit. Ms. Meeker has published numerous law
review articles and practice-oriented articles in the area of law and technology, and has
a special interest in open source software licensing. She serves as the co-chair of the
Open Source committee of the ABA’s Science and Technology Law Section, and in 2005
was selected by the Daily Journal as one of the top 30 intellectual property lawyers in
California. She also worked for many years in the entertainment and computer industries,
prior to her work as an attorney (advocate).
International
Intellectual Property (University Case Law Book)
by Paul Goldstein
INTERNATIONAL INTELLECTUAL PROPERTY LAW: CASE LAW AND MATERIALS organizes contemporary
foreign, as well as U.S., case law and literature to equip law students with the
methodology they need to engage in international intellectual property practice, in both
transactional and litigation settings. Carefully selected materials also expose students
to: the important new directions introduced by the TRIPs Agreement; the traditional treaty
regimes; and the social, economic and cultural considerations that underpin intellectual
property laws around the world. Each field of law - copyright, patent, trademark, unfair
competition, trade secrets, industrial design - is introduced by a comprehensive author's
note placing the field in its international and comparative law context, and extensive
notes on the case law and materials fill in relevant details, including currently, and
historically, important topics.
PAUL GOLDSTEIN, Lillick Professor of Law, Stanford University
Intellectual
Property in the New Technological Age (Hardcover)
by Robert P. Merges, Peter S. Menell, Mark A. Lemley
The authors are luminaries of Boalt, UC Berkeley. The book is for students, and therefore
concentrates on precedents. Reviewer: Jukka Kemppinen.
This book is an excellent text dealing with multiple aspects of American intellectual
property law. As a Canadian law student I found its approach of using first principles to
introduce readers to the basics of intellectual property law very useful. From the first
principles of copywright, trademark and patent law the book proceeds to give an insightful
exposition of the developments of each of these areas of law in response to recent
developments in the sciences. While some attention is paid to biotechnology in the patent
section of the book, most of the work focusses on the impact of developments in
intellectual property law as a result of information technology. - Reviewer: Elyot Waller.
Economic
Approaches to Intellectual Property Policy, Litigation, and Management (September 1,
2005)
by Gregory K. Leonard; Lauren J. Stiroh (Editor)
Over the past century, the value and importance of intellectual property has grown rapidly
worldwide. While it is crucial for companies to successfully manage their intangible
assets, they face difficult questions in attempting to navigate the complex business and
legal environment that surrounds IP rights.
Economic Approaches to Intellectual Property Policy, Litigation, and Management discusses
real-world tools and strategies at the forefront of economic thinking about many of
today’s most prominent intellectual property issues. Co-edited by Dr. Gregory K.
Leonard and Dr. Lauren J. Stiroh, this book is an anthology of 23 articles by economists
associated with NERA, whose analyses have played a crucial role in numerous landmark legal
and regulatory case law. The chapters explore topics ranging from the valuation of IP
damages to intellectual property rights protection in China and the antitrust implications
of standard setting and patent pools.
The book addresses such key questions as:
How should the owner of IP rights be compensated when those rights are violated?
What role should antitrust and competition policy play in intellectual property matters?
How can companies more accurately assess their R&D investments and strategies?
Should emerging economic powers implement and enforce more stringent intellectual property
rights?
Economic Approaches to Intellectual Property Policy, Litigation, and Management should
prove to be of interest to economists, lawyers, policy makers, executives managing IP
portfolios, and law and business schools
Editor Dr. Gregory K. Leonard specializes in applied microeconomics and econometrics. He
has provided expert analysis, as well as written and oral testimony, in the areas of
intellectual property, antitrust, damages estimation, statistics and econometrics, and
labor market discrimination. Dr. Leonard was one of the developers of the merger
simulation technique that is now widely used to analyze the competitive effects of
mergers. He has published in the RAND Journal of Economics, the Journal of Industrial
Economics, the Journal of Public Economics, the Journal of Labor Economics, Antitrust Law
Journal, and the George Mason Law Review.
Editor Dr. Lauren J. Stiroh specializes in the economics of intellectual property,
commercial damages, and antitrust. Much of her work and research has focused on the
intersection of intellectual property and antitrust litigation. She has conducted studies
of patent value and assessed damages from patent infringement in a number of sectors. In
high technology industries, in particular, she has analyzed the impact of standard setting
on patent value and issues related to market power. In addition, she has conducted
research and prepared expert reports on a variety of issues arising from antitrust
allegations, has created and critiqued damages models in a variety of contexts, and is
experienced in survey design and the econometric analysis of consumer survey data. Dr.
Stiroh has presented her research before the Federal Trade Commission (FTC), the United
States Department of Justice (DOJ), the Canadian Competition Bureau, and in expert
testimony. She has also written articles and given speeches for the American Bar
Association, Law Seminars International, the Practising Law Institute, and the 2002 FTC
and DOJ joint hearings on "Competition and Intellectual Property Law and Policy in
the Knowledge-Based Economy."
Virtual
Monopoly: Building an Intellectual Property Strategy for Creative Advantage - From
Patents to Trademarks, From Copyrights to Design Rights (Hardcover)
by Christopher Pike
Reviewer - Jerome Spaargaren (London, UK):
Christopher Pike is not your run-of-the mill intellectual property adviser. Although
qualified as a patent and trade mark attorney (advocate), his experience in dealing with
business management issues comes through very directly when reading this book.
It is not always appreciated that there is a whole host of available strategies for
businesses which are, knowingly and in some cases not, involved in generating intellectual
property. Intellectual property generators often need commercially minded guidance
appropriate to their markets and their approach to business as to how their intellectual
property can be used to create value. Pike has identified and crystallised models and
concepts in a way which makes the grander themes of intellectual property, often held as
an impenetrable area for those outside its day-to-day practice, readily understandable. He
sets out a useful vocabulary of concepts and terms, describing intellectual property as a
currency used in buy-sell relations and for measuring creative advantage.
I suspect that Pike may be at the forefront of a new area of consulting which is
much-needed but so-far overlooked. The book he has written will surely be a useful tool to
a broad range of readers, particularly those looking for insight into modern approaches to
intellectual property strategy. Whilst other books on IP may be found hidden in the law
section of a bookshop, this will almost certainly be found in amongst the bestselling
management books.
Intellectual
Property for Paralegals : The Law of Trademarks, Copyrights, Patents, and Trade Secrets
(West Legal Studies Series) (Paperback) 2 edition (July 6, 2004)
by Deborah E. Bouchoux
Trademarks, copyrights, patents and unfair competition are the four major areas of
intellectual property law that are presented in full in this second edition. The methods
by which each is created, procedures to register or protect each, the duration of rights,
infringement, and new and international developments are addressed for each of the four
fields, giving the readers the scope they need to apply this information in the practical
setting. The specific tasks of paralegals involved in this area of law are presented in
helpful checklists. Plus, a host of sample forms and agreements, statutes, charts,
citations, case studies and much more make the material easy to digest and use in the
practical setting. On-line Companion for this text includes Appendices A-E, chapter
summaries, trivia, and Internet resources.
Indigenous
Intellectual Property Rights: Legal Obstacles and Innovative Solutions : Legal
Obstacles and Innovative Solutions (Contemporary Native American Communities) (Paperback)
(September 2004)
by Mary Riley
The expert contributors from around the globe provide unique case studies to guide
indigenous communities and their partners in protecting their intellectual property.
Addressing the poor fit between western regimes of intellectual property rights and the
requirements for safeguarding indigenous cultural resources, the authors describe positive
efforts at protecting indigenous knowledge. It is an important resource for advocates for
indigenous and human rights and legal scholars.
Private
Power, Public Law : The Globalization of Intellectual Property Rights (Cambridge
Studies in International Relations)
by Susan K. Sell, Steve Smith (Series Editor), Thomas Biersteker (Series Editor), Chris
Brown (Series Editor), Phil Cerny
(Series Editor), Joseph Grieco (Series Editor), A. J. R. Groom (Series Editor), Richard
Higgott (Series Editor), G. John
Ikenberry (Series Editor), Caroline Kennedy-Pipe (Series Editor), Steve Lamy (Series
Editor)
Review
'... a very good book ... lucidly and engagingly written as well as being excellently
researched.' The King's College Law Journal
Susan Sell's book reveals how power in international politics is increasingly exercised by
private interests rather than
governments. In 1994 the World Trade Organization (WTO) adopted the Agreement in
Trade-Related Aspects of Intellectual Property Rights (TRIPS), which dictated to states
how they should regulate the protection of intellectual property. This book argues that
TRIPS resulted from lobbying by powerful multinational corporations who wished to mould
international law to protect their markets.
Copyright
And Human Rights: Freedom Of Expression, Intellectual Property, Privacy (Information
Law Series) (Hardcover)
by Paul L. C. Torremans (Editor)
First Sentence:
When the Canada House conference in which this collection of essays is rooted was set up
and subsequently when the topics and the essential components of a book treating the issue
of copyright, and other intellectual property rights, and human rights were discussed
amongst the series editor, the editor of this collection and the contributors it seemed
obvious to think of the issue as one involving copyright and intellectual property rights
in general on the one hand and human rights on the other hand.
|
 Essentials
of Intellectual Property (Essentials Series) (Paperback)
by Alexander I. Poltorak, Paul J. Lerner
This book is the liveliest, best-written and most thorough introduction to the
fundamentals of this subject. Yet it goes beyond the framework of basic IP protection to
discuss emerging concepts as well as inside information immediately useful in the real
world. In short, it forms the next rung in the advancement of IP management up the ladder
from an art to a science.
( Samson Vermont, founder of the periodical Patent Strategy & Management; Patent
Attorney)
Poltorak and Lerner deliver a remarkable new book, just in time, for the layperson who
wants to study the modern intellectual property landscape. In a style that prompts,
guides, and mentors the reader, the book should prove invaluable to those who need to
acquire enough of an understanding of the material to keep out of trouble. Easy to read
and free of jargon and difficult legal language, the book is one I will recommend to those
who want a straightforward introduction to an increasingly important legal specialty.
( Alexis N. Sommers, Ph.D., Professor of Industrial Engineering University of New Haven
Director, Education and Training Connecticut Association of Purchasing Managers)
As intellectual property becomes a more important aspect of the world's economy, this book
is a must-read. Dr. Poltorak's and Mr. Lerners experience, knowledge and wit help both new
and experienced licensing practitioners understand and appreciate the simple and complex
issues in the field of intellectual property licensing.
( Arthur M. Nutter, President, TAEUS)
Essentials of Intellectual Property should be required reading for any manager interested
in developing an IP strategy. Alex Poltorak and Paul Lerner have distilled their years of
experience into an easy to understand text that may prove to be a “go to” book
for many busy executives.
( Paul E. Paray, Managing Member, Licenz Group, LLC and former CEO AnIdea Corporation.)
This critically important new volume of work not only provides the professional with a
greater knowledge of this vast subject, but also the novice with a better understanding
and appreciation for the results of their creative abilities.
( Lawrence J. Udell, Executive Director California Invention Center Professor of New
Ventures and Entrepreneurship)
The recent interest in Intellectual Property as a company asset comes as no surprise to
inventors. For years we have known that every invention, whether physical or intellectual,
starts with a unique idea. This book represents the insight and experience of the two
critical elements of modern IP issues - the process of securing an IP patent and the
structure for protecting it. In the global information technospace of today's business,
nothing is more important than understanding and controlling access to proprietary ideas.
Knowing just what steps to take will help us all, inventors and users. As a holder of
patents, I feel relieved to know that there is now a map for navigating the labyrinth in
this area.
( Arthur “Skip” Moen, Ph.D.)
Essentials of Intellectual Property is an essential read for anyone managing an enterprise
that invests resources in innovation. This book provides, with the clarity of plain
English, valuable guidance for both protecting the intellectual property created by a
firms creative efforts, and deriving revenue and value from them as well. After being
read, it should be kept close as a handy desk reference.
( Norman Zafman, Founding partner of Blakely, Sokoloff, Taylor & Zafman)
Developing
an IP Strategy for Your Company: Leading Lawyers on Intellectual Property Portfolio
Capitalization (Inside the Minds) (Paperback) (May 15, 2005)
by Aspatore Books
Developing an IP Strategy for Your Company: Leading Lawyers on Intellectual Property
Portfolio Capitalization is an authoritative, insider's perspective on the issues
surrounding intellectual property law including patent and trademark protection,
maintaining IP portfolios, and the future of intellectual property law, on a global scale.
Featuring Department Heads, Group Chairs, and Leading Partners, all representing some of
the nation's top firms, this book provides a broad, yet comprehensive overview of the
practice of intellectual property law, discussing the current shape and future state of
patent and trademark protection from the founding doctrines, to the pivotal case law of
today. From the steps involved in policing intellectual property portfolios, to crucial
tactics around avoiding common IP legal risks, these authors articulate the finer points
around intellectual property now, and what will hold true into the future. The different
niches represented and the breadth of perspectives presented enable readers to get inside
some of the great legal minds of today as experts offer up their thoughts around the keys
to success within this fascinating practice area.
About Inside the Minds:
Inside the Minds provides readers with proven business intelligence from C-Level
executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies
nationwide, rather than third-party accounts from unknown authors and analysts. Each
chapter is comparable to an essay/thought leadership piece and is a future-oriented look
at where an industry, profession or topic is headed and the most important issues for the
future. Through an exhaustive selection process, each author was hand-picked by the Inside
the Minds editorial board to author a chapter for this book.
The
Economic Structure of Intellectual Property Law
by William M. Landes, Richard A. Posner
Lawrence Lessig, Stanford Law School, author of The Future of Ideas: The Fate of the
Commons in a Connected World : Intellectual property is the most important public policy
issue that most policymakers don't yet get. It is America's most important export, and
affects an increasingly wide range of social and economic life. In this extraordinary
work, two of America's leading scholars in the law and economics movement test the
pretensions of intellectual property law against the rationality of economics. Their
conclusions will surprise advocates from both sides of this increasingly contentious
debate. Their analysis will help move the debate beyond the simplistic ideas that now tend
to dominate.
Pierre N. Leval, Judge, U.S. Court of Appeals, Second Circuit : An image from modern
mythology depicts the day that Einstein, pondering a blackboard covered with sophisticated
calculations, came to the life-defining discovery: Time = $$. Landes and Posner, in the
role of that mythological Einstein, reveal at every turn how perceptions of economic
efficiency pervade legal doctrine. This is a fascinating and resourceful book. Every page
reveals fresh, provocative, and surprising insights into the forces that shape law.
William Patry, former copyright counsel to the U.S. House of Representatives, Judiciary
Committee : The most important book ever written on intellectual property.
Steven Shavell, Harvard Law School, author of Foundations of Economic Analysis of Law :
Given the immense and growing importance of intellectual property to modern economies,
this book should be welcomed, even devoured, by readers who want to understand how the
legal system affects the development, protection, use, and profitability of this peculiar
form of property. The book is the first to view the whole landscape of the law of
intellectual property from a functionalist (economic) perspective. Its examination of the
principles and doctrines of patent law, copyright law, trade secret law, and trademark law
is unique in scope, highly accessible, and altogether greatly rewarding.
This book takes a fresh look at the most dynamic area of American law today, comprising
the fields of copyright, patent, trademark, trade secrecy, publicity rights, and
misappropriation. Topics range from copyright in private letters to defensive patenting of
business methods, from moral rights in the visual arts to the banking of trademarks, from
the impact of the court of patent appeals to the management of Mickey Mouse. The history
and political science of intellectual property law, the challenge of digitization, the
many statutes and judge-made doctrines, and the interplay with antitrust principles are
all examined. The treatment is both positive (oriented toward understanding the law as it
is) and normative (oriented to the reform of the law).
Previous analyses have tended to overlook the paradox that expanding intellectual property
rights can effectively reduce the amount of new intellectual property by raising the
creators' input costs. Those analyses have also failed to integrate the fields of
intellectual property law. They have failed as well to integrate intellectual property law
with the law of physical property, overlooking the many economic and legal-doctrinal
parallels.
This book demonstrates the fundamental economic rationality of intellectual property law,
but is sympathetic to critics who believe that in recent decades Congress and the courts
have gone too far in the creation and protection of intellectual property rights.
Essentials
of Licensing Intellectual Property (Essentials (John Wiley)) (Paperback)
by Alexander I. Poltorak, Paul J. Lerner
"Poltorak and Lerner have produced a highly readable and informative introduction to
intellectual property licensing, written with style, grace and occasionally tongue in
parenthetical cheek. It should be required reading for those new to the field as well as
for others needing a 'Licensing 101' course."
- Emmett Murtha, President & CEO, QED Intellectual Property (USA); Past President of
the Licensing Executives Society and former Director of Licensing for IBM
"Professionals in manufacturing and in supply chain management have little time or
motivation to grapple with legal texts. Yet, they need precise, complete, easy-to-read
material that can educate them both quickly and well. Alexander Poltorak and Paul Lerner,
in Essentials of Intellectual Property Licensing, understand their audience's needs, and
produced a work that is actually fun to read. More to the point, it is easy to read,
amazingly concise and clear for a legal text, and encourages the reader to step forth as a
partner with legal counsel to tackle issues head-on."
- Alexis N. Sommers, Ph.D. Professor of Industrial En gineering at University of New Haven
& President of the Connecticut Association of Purchasing Managers
Full of valuable tips, techniques, illustrative real-world examples, exhibits, and best
practices, this handy and concise paperback will help you stay up to date on the newest
thinking, strategies, developments, and technologies in licensing intellectual property.
Order your copy today!
Intellectual
Property Examples & Explanations (The Examples & Explanations Series)
(Paperback)
by Stephen M. McJohn
Reviewer - Domo Kun: This book has pretty good coverage of topics: Copyrights, Patents,
Trademarks, Trade Secrets. The information is pretty complete, but could be organized
better. My main complaint is that there is no table of case law. This is a pretty serious
ommission from a law book. No table of statutes, either. And the index is pretty sucky too
- no entries for "cybersquatting", "GATT", "Licensing",
"genericide" - I won't go on, but I could.
Intellectual
Property: Patents, Trademarks, and Copyright (Nutshell Series) (Paperback)
by Arthur Raphael Miller, Michael H. Davis
It has been said, with respect to tort law that anyone can recognize a punch in the nose.
Unlike a punch in the nose, "Patents and copyrights approach, nearer than any other
class of cases belonging to forensic discussion to what may be called the metaphysics of
the law, where the distinctions are, or at least may be, very subtle and refined, and,
sometimes, almost evanescent." This text, by famed Harvard professor Arthur Miller,
includes patents, trademarks, and copyrights. Further, it addresses torts and property;
antitrust and government regulation; concepts of federalism and state and federal
conflicts. The text provides the scope and highlights you need to excel in understanding
this field. This will enable you to answer exam questions more quickly and accurately, and
enhance your skills as an attorney (advocate).
Intellectual
Property: Valuation, Exploitation, and Infringement Damages, 2006 Supplement
by Gordon V. Smith, Russell L. Parr
This book is designed to simplify the process of attaching a dollar amount to intangible
assets, be it for licensing, mergers and acquisitions, loan collateral, or investment
purposes. It provides practical tools for evaluating the investment aspects of licensing
and joint venture decisions, and discusses the legal, tax, and accounting practices and
procedures related to such arrangements; examines the business economics of strategies
involving intellectual property licensing and joint ventures; and provides analytical
models that can be used to determine reasonable royalty rates for licensing and for
determining fair equity splits in joint venture arrangements.
Intellectual
Property: Omnipresent, Distracting, Irrelevant? (Clarendon Law Lectures) (May 6, 2004)
Intellectual property rights (IPRs) are increasingly significant elements of economic
policy: they are vital to developed countries in an age of global trade. This book focuses
on the major dilemmas that currently enmesh the subject: the omnipresent spread of IPRs
across some recent technologies, the distraction caused by rights that achieve little of
their intended purpose, and the seeming irrelevance of IPRs in the face of new
technologies such as the internet. |
Indigenous Knowledge and Ethics
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