Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local CommunitiesIDRC, 1996 - 303 pages The concept of traditional resource rights (TRR) reflects the necessity of rethinking the limited and limiting concept of intellectual property rights (IPR). The TRR concept can accommodate a wide range of relevant international agreements as a basis for a sui-generis system of protection for indigenous peoples and their intellectual, natural, and technological resources. This book introduces the TRR concept in a manner organised around a series of questions that might emerge in a community when a visitor arrives to collect information or cultural or biogenetic materials. Each chapter begins with a summary of the main issues it addresses and ends with options and suggested actions. Issues discussed include who benefits from traditional resources, the rights of communities to approve or resist commercialisation, types of potential legal action, the applicability of traditional IPR, development of community systems for protecting TRR, the use of binding or non-binding international agreements, and TRR funding. Examples are included of creative strategies and unique solutions that indigenous communities have developed for protecting and benefiting from TRR. |
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... environmentally friendly publications . All paper used is recycled as well as recyclable . All inks and coating are vegetable - based products . Preface Acknowledgments . Introduction Contents Chapter 1 Who visits communities.
... environmentally friendly publications . All paper used is recycled as well as recyclable . All inks and coating are vegetable - based products . Preface Acknowledgments . Introduction Contents Chapter 1 Who visits communities.
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... Chapter 3 The value and importance of traditional knowledge . Publication and the public domain . . What constitutes " just compensation " ? Conclusions .. Chapter 4 Will the community be informed ? Violations of indigenous peoples ...
... Chapter 3 The value and importance of traditional knowledge . Publication and the public domain . . What constitutes " just compensation " ? Conclusions .. Chapter 4 Will the community be informed ? Violations of indigenous peoples ...
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... Chapter 6 How can a community take legal action ? 59 Western and indigenous property systems and customary law 60 Organizational options . 62 Who are the partners ? 63 Conclusions . 64 Chapter 7 What are contracts and covenants ? Legal ...
... Chapter 6 How can a community take legal action ? 59 Western and indigenous property systems and customary law 60 Organizational options . 62 Who are the partners ? 63 Conclusions . 64 Chapter 7 What are contracts and covenants ? Legal ...
Page vii
... Chapter 12 Are nongovernmental , nonlegal instruments useful ? Indigenous peoples ' declarations .. 127 128 Ethical guidelines and declarations . 129 Conclusions .. 131 Chapter 13 Why are funds and funding guidelines important ? . 133 ...
... Chapter 12 Are nongovernmental , nonlegal instruments useful ? Indigenous peoples ' declarations .. 127 128 Ethical guidelines and declarations . 129 Conclusions .. 131 Chapter 13 Why are funds and funding guidelines important ? . 133 ...
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... Acronyms and abbreviations References Resource guide People and organizations 235 237 245 245 E - mail links ... 279 World Wide Web addresses 281 Annotated bibliography 281 List of boxes The Declaration of Belém . 2 1.1 viii Chapter 15.
... Acronyms and abbreviations References Resource guide People and organizations 235 237 245 245 E - mail links ... 279 World Wide Web addresses 281 Annotated bibliography 281 List of boxes The Declaration of Belém . 2 1.1 viii Chapter 15.
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Aboriginal agreement agricultural areas Article Aveda benefits biodiversity Biodiversity prospecting biogenetic resources biological diversity biological resources bioprospecting biotechnology Bolivia Canada Centre Chapter collaboration collective commercial companies compensation Conference Conservation of Nature contract Convention cultural property Declaration E-mail economic ensure Environment environmental ethical example farmers folklore forests funding gene germplasm global governments Guaymi guidelines heritage HGDP human rights implementation India indige Indígenas indigenous groups indigenous knowledge innovations Institute intellectual property rights international law Kenya knowledge and resources land landraces Maasai material ment Nairobi natural resources Network NGOs organizations patent Plant Genetic Resources ples policies populations prior informed consent programs protection Rainforest recognized rights of indigenous samples scientific scientists self-determination social soft law strategies Survival International sustainable development Switzerland technologies territories tion tourism trade trademark traditional knowledge Traditional Resource Rights United Nations University WIPO World
Popular passages
Page 121 - Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Page 44 - No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.
Page 188 - ... recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights...
Page 182 - All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Page 236 - UNCTAD United Nations Conference on Trade and Development UNDP United Nations Development Programme UNEP United Nations Environment Programme UNESCO United Nations Educational, Scientific and Cultural Organization...
Page 182 - All states shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration on the basis of equality, noninterference in the internal affairs of all states and respect for the sovereign rights of all peoples and their territorial integrity.
Page 111 - Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Page 104 - Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity...
Page 103 - Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources...
Page 171 - Members may also exclude from patentability: (a) diagnostic, therapeutic and surgical methods for the treatment of humans or animals; (b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals orher than non-biological and microbiological processes.