54 research outputs found

    Patents and Traditional Medicine: Digital Capture, Creative Legal Interventions and the Dialectics of Knowledge Transformation

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    This article examines the debate over the exclusion of indigenous or local knowledge forms from the global intellectual property system, and some of the current attempts to solve this problem. Using the lens of cultural cosmopolitanism, the article highlights important trends in the dialectics of developing countries\u27 engagement with intellectual property and other collateral knowledge protection systems. The three sites at which this significant development is unfolding are: (1) the digitization of traditional medicinal knowledge through India\u27s traditional knowledge digital library (TKDL) project; (2) a recent attempt at incorporating innovations in Chinese Herbal Medicine (CHM) in Taiwanese patent law; and (3) efforts to enshrine disclosure of origin requirements (DRs) in patent applications, and developments around geographical indications (Gls)

    Patents and Traditional Medicine: Digital Capture, Creative Legal Interventions and the Dialectics of Knowledge Transformation

    Get PDF
    This article examines the debate over the exclusion of indigenous or local knowledge forms from the global intellectual property system, and some of the current attempts to solve this problem. Using the lens of cultural cosmopolitanism, the article highlights important trends in the dialectics of developing countries\u27 engagement with intellectual property and other collateral knowledge protection systems. The three sites at which this significant development is unfolding are: (1) the digitization of traditional medicinal knowledge through India\u27s traditional knowledge digital library (TKDL) project; (2) a recent attempt at incorporating innovations in Chinese Herbal Medicine (CHM) in Taiwanese patent law; and (3) efforts to enshrine disclosure of origin requirements (DRs) in patent applications, and developments around geographical indications (Gls)

    Regime Tension in the Intellectual Property Rights Arena: Farmers\u27 Rights and Post-TRIPS Counter Regime Trends

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    Recognizing the transitions that have occurred in the global intellectual property arena since the TRIPS Agreement, this article identifies and examines key sites of the counter regime trends in intellectual property rights with a focus on farmers\u27 rights. It invokes farmers\u27 rights to highlight the conceptual and juridicalhurdles facing the new issue-linkages that propel attempts to redress the shortcomings of the TRIPS\u27 trade-centred approach to intellectual property. The author argues that the existingjuridical framework for farmers \u27rights,especiallyunder the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), although inchoate, is stymied and not competent to realize the expectations underlying those rights. The notion of farmers\u27 rights would be better promoted under the canopy of the more unifying framework of other post-TRIPS counter-regime trends, especially the protection of the bio-cultural knowledge of indigenous and local communities, pursuant to the framework Convention on Biological Diversity

    Biotechnology Unglued: Science, Society, and Social Cohesion by Michael D. Mehta, ed. (Vancouver: UBC Press, 2005)

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    In Biotechnology Unglued, Mehta and his thirteen-member interdisciplinary team, comprising mainly of social scientists using a number of ‘‘case studies’’, explore in nine essays ‘‘how advances in agricultural, medical, and forensic biotechnology may threaten the social cohesiveness of different kinds of communities and at different scales’’. In a way, the project is a successful attempt to underscore the theme of (and imperative for) social accountability of science and bio/technological innovations. This 208-page collection of nine essays in a corresponding number of chapters is a remarkable effort. It is a departure from the traditional concerns regarding biotechnology innovations which, hitherto, emphasized ethics, environmental sustainability, safety, human rights, equity, and global geo-political tensions. These concerns are, however, not completely glossed over. They are implicated in the essayists’ analyses, but not at the expense of the book’s central theme

    Review of Legal Issues in Electronic Commerce, 2nd Edition (Concord, Ontario: Captus Press, 2005)

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    This collection of materials is part of the Canadian Legal Studies Series. According to the publishers, the objective of the Series is to offer ‘‘a wealth of carefully selected, and up-to-date examinations of Canadian legal issues’’. The first of such collections under the same title appeared in 2002. According to Takach, one of the dynamics of computer, and indeed information technology, law is rapid change in technology trends. Thus, after two years, technological developments and corresponding legal responses on the subject of electronic commerce warrant a new edition of materials of this nature

    Open Innovation in Plant Genetic Resources for Food and Agriculture

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    Contemporary global order for the promotion of innovation exaggerates the role of intellectual property (IP) as a closed proprietary model of knowledge production and protection. Partly as a boomerang effect of that order or partly as a coincidence of the phenomenal rise in the information and communication technologies or both, there has been increased gravitation toward open, collaborative, shared, communal and interdependent models of innovation. This trend is typified by the rise of open software movement and cognate endeavours. The article attempts to transpose the open innovation dynamic to the context of plant genetic resources for food and agriculture (PGFA); and draws attention to the customary seed sharing and exchange as the centre-piece of the inherent open nature of innovation in agriculture, especially in indigenous and local communities. Focusing on the emergent institutional and legal frameworks for the governance of PGRFA, the article finds that they reflect pragmatic attempts at melding both the IP-driven closed model and the accommodation of open or public goods approach toward the promotion of access and overall management of innovation in PGRFA. It concludes that IP is not necessarily antithetical to open innovation, but could be calibrated to advance it

    Open Innovation in Plant Genetic Resources for Food and Agriculture

    Get PDF
    Contemporary global order for the promotion of innovation exaggerates the role of intellectual property (IP) as a closed proprietary model of knowledge production and protection. Partly as a boomerang effect of that order or partly as a coincidence of the phenomenal rise in the information and communication technologies or both, there has been increased gravitation toward open, collaborative, shared, communal and interdependent models of innovation. This trend is typified by the rise of open software movement and cognate endeavours. The article attempts to transpose the open innovation dynamic to the context of plant genetic resources for food and agriculture (PGFA); and draws attention to the customary seed sharing and exchange as the centre-piece of the inherent open nature of innovation in agriculture, especially in indigenous and local communities. Focusing on the emergent institutional and legal frameworks for the governance of PGRFA, the article finds that they reflect pragmatic attempts at melding both the IP-driven closed model and the accommodation of open or public goods approach toward the promotion of access and overall management of innovation in PGRFA. It concludes that IP is not necessarily antithetical to open innovation, but could be calibrated to advance it
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