Law and Policy on Intellectual Property, Traditional Knowledge and Development: Legally Protecting Creativity and Collective Rights in Traditional Knowledge Based Agricultural Products through Geographical Indications

Geographical indications emerged on the international scene at the centre of three highly debated subjects: intellectual property, international trade and agricultural policy. This article discusses the use of geographical indications in the protection of traditional knowledge–based agricultural products in the international intellectual property framework, and assesses the challenges and opportunities geographical indications present with respect to efforts to cater to the needs of indigenous people and local communities. The discussion begins with a succinct overview of the definitional aspects of geographical indications, traditional knowledge and traditional knowledge–based agricultural products. In an attempt to locate the issue of geographical indications in the current intellectual property landscape, the article examines their regulation in international and national legal frameworks, and critically appraises the attendant controversies in international negotiations. The article then broaches issues to do with the link between geographical indications and traditional knowledge, and examines the cultural, economic and environmental issues in policy debates surrounding the applicability of geographical indications to traditional knowledge–based agricultural products.agricultural products, geographical indications, traditional knowledge, TRIPS, WTO, Agricultural and Food Policy, Institutional and Behavioral Economics, International Relations/Trade,

Intellectual Property, Traditional Knowledge, and Biodiversity in the Global Economy: The Potential of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products

The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what context GIs can be used as a protection model. Indeed, not only is the concept of GIs itself widely misunderstood. As well, analyses as to their applicability for protecting TK often reflect underlying cultural differences in the nature, scope and the jurisprudence regarding GIs across jurisdictions. This thesis examines the relationship between GIs and TK, focusing on the responsiveness of GIs to the needs and desires of indigenous peoples and local communities (ILCs). The thesis posits that the search for a model to protect TK should involve identifying different modalities, including those based on intellectual property, to fit to the nature and uses of TK in particular contexts. The analysis conceptualizes GIs as a form of IP that are structurally and functionally suitable to protect aspects of TK in traditional knowledge-based agricultural products (TKBAPs). Substantively, the thesis draws attention to the conceptual underpinnings of GIs as encompassing cultural and economic objectives in the protection of TK. As such, it is argued that stronger protection of GIs should be achieved by integrating the negotiations and discussion concerning GIs and TK at the international level. Further, the case is made for the determination of immediate challenges and long-term opportunities in choosing a legal means for protecting GIs at the national level. In this connection, the thesis suggests that the potential of GIs to meet national and local imperatives to protect TK be assessed, inter alia, based on their instrumentality for economic, biodiversity, cultural and food security objectives in protecting TKBAPs

The Debate on Environmentally Motivated Unilateral Trade Measures in the World Trade Organization: The Way Forward

This Article analyzes and critically examines the various approaches to resolving the trade and environment conflict in the WTO, with specific regard to the regulation of unilateral trade measures. Part II describes the various approaches by WTO Members to the reconciliation of the two regimes. Part III discusses the responses to the various approaches. An appraisal is made from the perspective adopted by the paper in Parts IV through VI, and finally conclusions are drawn

Law and Policy on Intellectual Property, Traditional Knowledge and Development: Legally Protecting Creativity and Collective Rights in Traditional Knowledge Based Agricultural Products through Geographical Indications

Geographical indications emerged on the international scene at the centre of three highly debated subjects: intellectual property, international trade and agricultural policy. This article discusses the use of geographical indications in the protection of traditional knowledge–based agricultural products in the international intellectual property framework, and assesses the challenges and opportunities geographical indications present with respect to efforts to cater to the needs of indigenous people and local communities. The discussion begins with a succinct overview of the definitional aspects of geographical indications, traditional knowledge and traditional knowledge–based agricultural products. In an attempt to locate the issue of geographical indications in the current intellectual property landscape, the article examines their regulation in international and national legal frameworks, and critically appraises the attendant controversies in international negotiations. The article then broaches issues to do with the link between geographical indications and traditional knowledge, and examines the cultural, economic and environmental issues in policy debates surrounding the applicability of geographical indications to traditional knowledge–based agricultural products

Trade and environment in the WTO: the status of unilateral trade measures taken for environmental purposes

Bibliography: p. 143-15