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. |
From inside the book
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Page 7
... require the permission of hundreds or even thousands of people associated with each of them . Another was for a " tradition - free area , " in which the Toraja would perform their rituals and dances of life and death in front of an ...
... require the permission of hundreds or even thousands of people associated with each of them . Another was for a " tradition - free area , " in which the Toraja would perform their rituals and dances of life and death in front of an ...
Page 10
... requires the collection of informa- tion about the area being " developed , " perhaps as part of an environmental impact assessment or a social impact assessment . These are economic surveys that allow plan- ners to predict as ...
... requires the collection of informa- tion about the area being " developed , " perhaps as part of an environmental impact assessment or a social impact assessment . These are economic surveys that allow plan- ners to predict as ...
Page 15
... require a large input in terms of energy , water , expensive agro- chemicals ( fertilizers and pesticides ) , and ... requiring them to extract material at a sustainable level . Traditional farming techniques intercropping and developing ...
... require a large input in terms of energy , water , expensive agro- chemicals ( fertilizers and pesticides ) , and ... requiring them to extract material at a sustainable level . Traditional farming techniques intercropping and developing ...
Page 16
... require resources to be kept in an international insti- tution far from the communities where they occur naturally . For example , in Ethiopia the Biodiversity Institute is working closely with farmers to save indigenous crops ( see Box ...
... require resources to be kept in an international insti- tution far from the communities where they occur naturally . For example , in Ethiopia the Biodiversity Institute is working closely with farmers to save indigenous crops ( see Box ...
Page 23
... vitro storage is intensive and expensive and requires skilled personnel , making this method less popular than others . Box 2.1 4 - - Members of the Consultative Group WHAT HAPPENS TO TRADITIONAL KNOWLEDGE AND RESOURCES ? 23 -
... vitro storage is intensive and expensive and requires skilled personnel , making this method less popular than others . Box 2.1 4 - - Members of the Consultative Group WHAT HAPPENS TO TRADITIONAL KNOWLEDGE AND RESOURCES ? 23 -
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Common terms and phrases
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.