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Among the many contentious matters thrown up by the relentless march of
economic globalization, those forms of knowledge variously known as
‘indigenous’ or ‘traditional’ remain seriously threatened, despite numerous
transnational initiatives and highly publicized debate. It is not proving easy
to bring these holistic worldviews into accordance with the technical terms
and classifications of intellectual property law.
The contributions in this volume contrast efforts to find solutions and
workable models at the international and regional level with experiences on
the ground. Legal policies related to ‘indigenous knowledge’ in settler
societies such as Australia and New Zealand are compared with those in densely
populated neighbouring countries in Asia, where traditional knowledge is often
regarded as national heritage. While many of the chapters are written by
lawyers using an interdisciplinary approach, other chapters introduce the
reader to perspectives from disciplines such as legal sociology and
anthropology on controversial issues such as the understandings of ‘art,’
‘culture,’ ‘tradition,’ ‘customary law’ and the opportunities for traditional
cultural knowledge and traditional cultural expressions in an Internet
Experienced observers of the international debate and regional experts discuss
international model laws as well as legislation at regional and national level
and the role of customary law. Topics covered include the following and much
the concept of ‘farmers’ rights’;
biodiscovery and bioprospecting;
traditional knowledge as a commodity;
encounters between different legalities;
sanctions, remedies, and dispute resolution mechanisms;
the ongoing fragmentation and loss of traditional knowledge; and
systems of data collection.
The authors provide practical proposals for solutions and models as well as
empirical studies of their implementation in various countries.
Given the scope for conflict about the merits of various definitions of the
subject matter and the circle of beneficiaries, this book will be of great
interest to intellectual property lawyers, representatives of indigenous/local
communities and NGOs, policy makers at all levels, and students of comparative
and international intellectual property law and of law and development.
1. Introduction; C. Antons.
Part One: The
International Debate about Traditional Knowledge, Traditional Cultural
Expressions and Intellectual Property. 2. The International Debate about
Traditional Knowledge and Approaches in the Asia-Pacific Region; C. Antons.
3. How Are the Different Views of Traditional Knowledge Linked by
International Law and Global Governance? C. Arup.
Part Two: Proposals for the Protection of
Traditional Knowledge and Traditional Cultural Expressions. 4. Protection
of Traditional Knowledge by Geographical Indications; M. Blakeney. 5.
An Analysis of WIPO’s Latest Proposal and the Model Law 2002 of the Pacific
Community for the Protection of Traditional Cultural Expressions; S. von
Lewinski. 6. The Role of Customary Law and Practice in the
Protection of Traditional Knowledge Related to Biological Diversity; B.
Part Three: Sociological and Anthropological
Perspectives and the Revival of Customary Law. 7. Can Modern Law Safeguard
Archaic Cultural Expressions? Observations from a Legal Sociology Perspective;
C.B. Graber. 8. Branding Identity and Copyrighting Culture:
Orientations towards the Customary in Traditional Knowledge Discourse; M.
Chanock. 9. ‘Being Indigenous’ in Indonesia and the Philippines;
Part Four: The Digitization of Traditional
Knowledge. 10. Indigenous Heritage and the Digital Commons; E. Kansa.
11. Traditional Cultural Expression and the Internet World; B.
Fitzgerald, S. Hedge.
Part Five: Traditional
Knowledge and Traditional Cultural Expressions in Australia and New Zealand.
12. Cultural Property and ‘the Public Domain’: Case Studies from New
Zealand and Australia; S. Frankel, M. Richardson. 13. The
Recognition of Traditional Knowledge under Australian Biodiscovery Regimes:
Why Bother with Intellectual Property Rights? N. Stoianoff.
Part 6: Traditional Knowledge and Traditional
Cultural Expressions in Various Asian Jurisdictions. 14. Protection of
Traditional Knowledge in the SAARC Region and India’s Efforts; S. K.
Verma. 15. The Protection of Expressions of Folklore in Sri Lanka;
I. Abeyesekere. 16. Traditional Medicine and Intellectual Property
Rights: A Case Study of the Indonesian Jamu Industry; C. Antons, R.