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The interface between intellectual property and other fields, such as
public health and biotechnology, has raised expectations from both developed
and developing countries. At the same time, a variety of issues have arisen
from these relationships. Debates over public health, protection of
traditional knowledge and traditional cultural expressions or expressions of
folklore, and the control of biological resources and access to genetic
resources pose major challenges to the current global system of intellectual
property. This thoughtful book serves not only to contribute to these ongoing
debates but also, through in-depth analysis and well-grounded recommendations,
to move them closer to resolution in a manner beneficial to all interested
parties. Among the matters discussed are the following:
intellectual property and public health;
intellectual property and traditional knowledge and traditional cultural
expressions or expressions of folklore;
intellectual property and plant varieties, biodiversity and access to genetic
use of marks and other signs on the Internet;
and the international framework in respect to geographical indications.
Drawing on prodigious familiarity with relevant conventions and
international legal instruments in the field and debates on these issues as
carried out under international bodies – including the World Trade
Organization (WTO), the World Intellectual Property Organization (WIPO), the
Food and Agriculture Organization (FAO), the International Union for the
Protection of New Varieties of Plants (UPOV) and the World Health Organization
(WHO), as well as the Convention on Biological Diversity (CBD) and the African
Model Legislation – the author offers clear, well-thought-out proposals on how
to respond to these issues. In the same vein, the author makes a number of
proposals on how to strike a balance between the exclusive rights of the
patentee and the right to public health or access to medicines, especially in
the context of the HIV/AIDS crisis. In addition, holding that the owners or
possessors of traditional knowledge or traditional cultural expressions or
expressions of folklore are entitled to intellectual property rights
protection, he advocates the development of a global and binding international
‘protection instrument’ that takes particular features of these rights into
consideration. He proposes the extension of the scope of applicability of the
requirement of the disclosure of the country of origin of genetic resources,
both at the international and national levels. He also proposes refinements to
the system for multilateral notification and registration of geographical
indications in respect to wine and spirits and the extension of the higher
protection of geographical indications to other products and suggests new ways
to approach unsettled issues arising from the use of marks or other signs on
As a deeply informed analysis of how to integrate intellectual property rights
into the international development process, this book takes some giant steps
toward the general recognition of the real parameters of the most severe
problems plaguing the developing world and offers reachable measures toward
significant improvement of those problems. It will be of interest to all
professionals, officials, and academicsconcerned with the equitable
administration of intellectual property rights.
1. Intellectual Property and Public Health.
2. Intellectual Property, Traditional Knowledge and Traditional Cultural
Expressions or Expressions of Folklore.
3. Protection of New Plant Varieties, Biodiversity and Access to Genetic
4. Issues Relating to the Use of Marks and Other Signs on the Internet.
5. Challenges in Respect to Protection of Geographical Indications.
1. Amendment of the TRIPs Agreement.
2. Recommendations of the Commission on Intellectual Property Rights,
Innovation and Public Health.
3. The Protection of Traditional Knowledge: Revised Objectives and Principles:
4. Protection of Traditional Cultural Expressions or Expressions of Folklore:
Revised Objectives and Principles: Objectives.
5. FAO’s International Treaty on Plant Genetic Resources for Food and
6. African Model Legislation for the Protection of the Rights of Local
Communities, Farmers and Breeders, and for the Regulation of Access to