INTELLECTUAL PROPERTY, TRADITIONAL KNOWLEDGE AND BIODIVERSITY IN THE GLOBAL ECONOMY: THE POTENTIAL OF GEOGRAPHICAL INDICATIONS FOR PROTECTING TRADITIONAL KNOWLEDGE-BASED AGRICULTURAL PRODUCTS
Dagne, Teshager Worku
MetadataShow full item record
The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what context GIs can be used as a protection model. Indeed, not only is the concept of GIs itself widely misunderstood. As well, analyses as to their applicability for protecting TK often reflect underlying cultural differences in the nature, scope and the jurisprudence regarding GIs across jurisdictions. This thesis examines the relationship between GIs and TK, focusing on the responsiveness of GIs to the needs and desires of indigenous peoples and local communities (ILCs). The thesis posits that the search for a model to protect TK should involve identifying different modalities, including those based on intellectual property, to fit to the nature and uses of TK in particular contexts. The analysis conceptualizes GIs as a form of IP that are structurally and functionally suitable to protect aspects of TK in traditional knowledge-based agricultural products (TKBAPs). Substantively, the thesis draws attention to the conceptual underpinnings of GIs as encompassing cultural and economic objectives in the protection of TK. As such, it is argued that stronger protection of GIs should be achieved by integrating the negotiations and discussion concerning GIs and TK at the international level. Further, the case is made for the determination of immediate challenges and long-term opportunities in choosing a legal means for protecting GIs at the national level. In this connection, the thesis suggests that the potential of GIs to meet national and local imperatives to protect TK be assessed, inter alia, based on their instrumentality for economic, biodiversity, cultural and food security objectives in protecting TKBAPs.
- Intellectual property, traditional knowledge, biodiversity, geographical indications, traditional knowledge-based agricultural products, sui generis, trademarks, WIPO, WTO, FAO, CBD,ABS, Access and Benefit Sharing,Appellations of Origin, global knowledge economy, cultural economy, embeddeness, capabilities approach, social-planning theories, international law, developing countries, indigenous peoples and local communities, fair trade labelling, organic labelling, environmental labelling, international forums, modalities of protection, defensive protection, positive protection, food security, food sovereignty, cultural homogenization, delinking
Showing items related by title, author, creator and subject.
KNOWLEDGE MANAGEMENT IN KNOWLEDGE-INTENSIVE ORGANIZATIONS: AN INVESTIGATION OF FACTORS INFLUENCING CHOICES OF KNOWLEDGE MANAGEMENT SYSTEMS Musimwa-Makani, Joyline (2012-07-17)In today’s economy the importance of knowledge in organizations is well underscored. The management of an organization’s knowledge has become one of the most important strategic vehicles to an organization's sustainable ...
The Workplace Experiences, Practice, and Practice Knowledge of Mental Health Wounded Healers: A Collective Learning Martin-Calero Medrano, PiedadMental health workers who draw upon their own lived experiences of mental health challenges in their work (Mental Health Wounded Healers) often face stigma, discrimination, and oppression (Sanism) in the workplace. This ...
THINKING THROUGH MAKING: Material and Process Intelligence Revealed in Architecture Through Design and Fabrication Kijewski, MatthewThis thesis explores the potential for a detail or joint to be the generator of form. By thinking through making – this requires to create, to gain tacit knowledge (in addition to explicit knowledge), and to translate ...