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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.17 [2012] >
JIPR Vol.17(6) [November 2012] >
| Title: | Striking a Balance between Intellectual Property Protection of Traditional Knowledge, Cultural Preservation and Access to Knowledge |
| Authors: | Andanda, Pamela |
| Keywords: | Access to knowledge
Cultural preservation
Intellectual property
Traditional knowledge
Sui generis protection |
| Issue Date: | Nov-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Protecting traditional knowledge through the
intellectual property (IP) regime performs the important function of preventing
third parties from using the knowledge inappropriately. However, apart from
being inaccessible to most holders of traditional knowledge (TK), the regime
does not necessarily guarantee the preservation or safeguarding the knowledge.
These concerns call for a consideration of avenues that can be used,
particularly at policy making level, to strike a balance between protecting TK
through the IP regime and ensuring cultural preservation and access to
knowledge. This paper highlights the main challenges that are involved in
striking this balance. Apart from utilizing available literature on these challenges,
the main suggestions from the World Intellectual Property Organization,
Intergovernmental Committee on Intellectual Property and Genetic Resources,
Traditional Knowledge and Folklore (the IGC) are analysed with a view to
proposing directions that can help improve the manner in which TK is protected
through IP. |
| Page(s): | 547-558 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(6) [November 2012]
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