Intellectual property and traditional knowledge in the global economy : translating geographical indications for development / Teshager W. Dagne.
2015
K1562 .D34 2015 (Map It)
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Author
Title
Intellectual property and traditional knowledge in the global economy : translating geographical indications for development / Teshager W. Dagne.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2015.
Call Number
K1562 .D34 2015
ISBN
9781138013902 (hardback)
1138013900 (hardback)
9781315780245 (ebk)
1315780240 (ebk)
1138013900 (hardback)
9781315780245 (ebk)
1315780240 (ebk)
Description
xvi, 225 pages ; 24 cm.
System Control No.
(OCoLC)874835556
Summary
"In a national context, geographical indications (GIs) are well entrenched in European historical, cultural and legal traditions, particularly in the production and marketing of wines and spirits. Arising from recent developments at the international level in the areas of intellectual property law, traditional knowledge, and biodiversity however, many developing countries, Indigenous Peoples and Local Communities are considering using GIs to protect traditional knowledge in developing countries and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters in this respect, there is appreciable research dearth on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. The book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law and policy-making to address the inadequacies of the existing global Intellectual Property Rights system in accommodating traditional knowledge. The book analyzes the reception, interest and nuanced reactions towards GIs from developing countries and advocates of development in the various legal and non-legal regimes that provide alternative platform for discussions and elaboration of intellectual property policies, such as the World Trade Organization, World Intellectual Property Organization, the Convention on Biological Diversity and the Food and Agricultural Organization. The book argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products and to benefit from the flexibility inherent in providing a means of GIs protection to suit different circumstances on a case-by-case basis"-- Provided by publisher.
"Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance"-- Provided by publisher.
"Arising from recent developments at the international level, many developing countries, indigenous peoples and local communities are considering using geographical indications (GIs) to protect traditional knowledge, and to promote trade and overall economic development. Despite the considerable enthusiasm over GIs in diverse quarters, there is an appreciable lack of research on how far and in what context GIs can be used as a protection model for traditional knowledge-based resources. This book critically examines the potential uses of geographical indications as models for protecting traditional knowledge-based products and resources in national and international intellectual property legal frameworks. By analysing the reception towards GIs from developing countries and advocates of development in the various legal and non-legal regimes (including the World Trade Organization, World Intellectual Property Organization, and the Convention on Biological Diversity and the Food and Agricultural Organization), the book evaluates the development potential of GIs in relation to ensuing changes in international intellectual property law in accommodating traditional knowledge. Teshager W. Dagne argues for a degree of balance in the approach to the implementation of global intellectual property rights in a manner that gives developing countries an opportunity to protect traditional knowledge-based products. The book will be of great interest and use to scholars and students of intellectual property law, public international law, traditional knowledge, and global governance"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Acknowledgements
xiii
Foreword
xv
1.
General introduction
1
1.1.
Introduction
1
1.2.
The role of intellectual property in the protection of traditional knowledge
2
1.3.
Geographical indications as instruments of protection for traditional knowledge
4
1.4.
Overview of contents
7
2.
Traditional knowledge-based agricultural products and geographical indications law
15
2.1.
Introduction
15
2.2.
Traditional knowledge-based agricultural products
16
2.3.
Geographical indications
17
2.4.
Appellations of origin, indications of source and geographical indications
21
2.5.
Geographical indications and traditional knowledge
24
2.6.
Legal origins of geographical indications
27
2.7.
Historical development of the international protection of geographical indications
28
2.8.
Geographical indications in the World Trade Organization
30
2.8.1.
Scope and nature of protection
31
2.8.2.
Negotiation over geographical indications
32
2.9.
Geographical indications in national and regional jurisdictions
34
2.9.1.
The United States' approach to geographical indications
35
2.9.2.
The European Union's approach to geographical indications
36
2.9.3.
Policy considerations in the protection of geographical indications
40
2.10.
Geographical indications and traditional knowledge
44
2.11.
Conclusion
46
3.
Protecting traditional knowledge-based agricultural products: imperatives and challenges
70
3.1.
Introduction
70
3.2.
Technology-driven transformation in agriculture
71
3.2.1.
Biopiracy
73
3.2.2.
Economic impacts
75
3.2.3.
Impacts on biological diversity
76
3.2.4.
Challenges to food security
79
3.2.5.
The threat of cultural homogenization
82
3.3.
Traditional knowledge-based agricultural products in global markets
84
3.3.1.
The consolidation of agricultural markets
84
3.3.2.
Diminishing income for traditional agricultural products
85
3.4.
Recognizing the value of traditional agricultural products
86
3.5.
Differentiation strategies in traditional agricultural production
88
3.5.1.
Quality schemes
89
3.5.2.
Fair trade initiatives
90
3.5.3.
Green labelling and eco-certification schemes
91
3.6.
Challenges and impacts of differentiation schemes
92
3.7.
Geographical indications as strategies of differentiation
95
3.8.
Justifying intellectual property-based protection
97
3.9.
Initiatives for protecting traditional knowledge-based agricultural products
99
3.10.
Geographical indications as modalities of protection
100
3.11.
Geographical indications seen from development perspectives in intellectual property
102
3.12.
Conclusion
105
4.
Implementing geographical indications in developing countries
132
4.1.
Introduction
132
4.2.
Geographical indications in developing countries
133
4.3.
The economic potential of geographical indications
135
4.4.
Challenges and opportunities in the implementation of geographical indications
137
4.4.1.
Introducing geographical indications
138
4.4.2.
Operational use of geographical indications
143
4.5.
Geographical indications and biodiversity
154
4.6.
Geographical indications in the context of food security
156
4.7.
Geographical indications and biopiracy
158
4.8.
Geographical indications and cultural homogenization
160
4.9.
Limitations and considerations in the use of geographical indications
161
4.10.
Conclusion
164
5.
Conclusion: mapping future directions in the use of geographical indications in developing countries
191
5.1.
Introduction
191
5.2.
Summary
191
5.3.
Directions for future research and action
193
5.3.1.
Geographical indications and traditional knowledge-based agricultural products: responses at the international level
194
5.3.2.
Geographical indications and traditional knowledge-based agricultural products: responses at the national level
200
5.4.
Conclusion
209
Index
219