Interface between Traditional Knowledge and Intellectual Property. Need for a Sui Generis Approach

      Аннотация: The protection of traditional knowledge (TK) is the most contentious issue in the contemporary intellectual property rights (IPRs) regime. With the advancement in biotechnology, developed countries demand access to biogenetic resources and associated TK of bio-rich countries for obtaining headway in bioprospecting, research, drug discovery and patents. Notwithstanding the adoption of several Agreements and Conventions, the biopiracy cases are on rise. There is a great demand from the indigenous communities of developed and underdeveloped countries to protect their TK from misappropriation. The book provides comprehensive overview of the interface between TK and IPRs. The book also examines biopiracy cases, gray areas in the protection of TK and complications in attempting to protect TK within the prevailing systems of IPRs or any combination thereof. It analyses the related international legal framework and relevant legislations of several countries. It also provides policy oriented suggestions for positive protection of TK. The book is useful for all those who are interested in IPRs and TK, and for the policy makers endeavoring to develop a sui generis system to protect TK.

Ключевые слова: Indigenous knowledge, Traditional Knowledge, Benefit sharing, Intellectual Property Rights, Traditional knowledge vis- a- vis intellectual property, Patents and traditional knowledge, Copyright and traditional knowledge, Trademark and traditional knowledge, Misappropriation of traditional knowledge, indigenous peoples’ rights, Sui geris system, Bio piracy, Biogenetic resources, prior informed consent.