The protection of biodiversity and traditional knowledge in international law of intellectual property / by Jonathan Curci.
2010
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Author
Title
The protection of biodiversity and traditional knowledge in international law of intellectual property / by Jonathan Curci.
Imprint
Cambridge : Cambridge University Press, 2010.
Description
1 online resource (xi, 346 pages) : digital, PDF file(s).
Series
Cambridge intellectual property and information law ; 12.
Formatted Contents Note
Introduction to legal issues related to genetic resources and traditional knowledge systems in the international intellectual property system
The TRIPS agreement and the patent protection of genetic resources
The relationship between the TRIPS agreement and treaties protecting genetic resources and traditional knowledge
Towards clearer legal definitions
The construction of an access- and benefit-sharing regime and intellectual property issues : criteria and options
The defensive protection of traditional knowledge in international patent law
Positive protection of traditional knowledge
Final observations.
The TRIPS agreement and the patent protection of genetic resources
The relationship between the TRIPS agreement and treaties protecting genetic resources and traditional knowledge
Towards clearer legal definitions
The construction of an access- and benefit-sharing regime and intellectual property issues : criteria and options
The defensive protection of traditional knowledge in international patent law
Positive protection of traditional knowledge
Final observations.
Summary
The relationships between international intellectual property treaties, the United Nations international environmental treaties (first and foremost the Convention on Biological Diversity), the relevant customary norms and soft law form a complex network of obligations that sometimes conflict with each other. The first set of treaties creates private rights while the latter affirms the sovereignty rights of States over genetic resources and related knowledge and creates international regimes of exploitation of the same. Jonathan Curci proposes solutions to the conflicts between treaties through the concept of 'mutual supportiveness', including the construction of a national-access and benefit-sharing regime, mandatory contractual provisions in relevant international contracts, a defensive protection when genetic resource-related traditional knowledge is unjustly patented through the analysis of the concepts of 'ordre public and morality', 'certificate of origin' in the patent application and 'novelty-destroying prior art' and positive protection through existing and sui generis intellectual property rights and misappropriation regimes.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511770685 ebook
9780521199445 (hardback)
9780521199445 (hardback)
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