Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- PART I International Provision of Public Goods under a Globalized Intellectual Property Regime
- PART II Innovation and Technology Transfer in a Protectionist Environment
- PART III Sectoral Issues: Essential Medicines and Traditional Knowledge
- 15 Managing the Hydra: The Herculean Task of Ensuring Access to Essential Medicines
- 16 Theory and Implementation of Differential Pricing for Pharmaceuticals
- 17 Increasing R&D Incentives for Neglected Diseases: Lessons from the Orphan Drug Act
- Comment: Access to Essential Medicines – Promoting Human Rights Over Free Trade and Intellectual Property Claims
- 18 Legal and Economic Aspects of Traditional Knowledge
- 19 Saving the Village: Conserving Jurisprudential Diversity in the International Protection of Traditional Knowledge
- 20 Legal Perspectives on Traditional Knowledge: The Case for Intellectual Property Protection
- Comment: Traditional Knowledge, Folklore and the Case for Benign Neglect
- 21 Protecting Cultural Industries to Promote Cultural Diversity: Dilemmas for International Policymaking Posed by the Recognition of Traditional Knowledge
- PART IV Reform and Regulation Issues
- Index
21 - Protecting Cultural Industries to Promote Cultural Diversity: Dilemmas for International Policymaking Posed by the Recognition of Traditional Knowledge
Published online by Cambridge University Press: 05 May 2010
- Frontmatter
- Contents
- List of contributors
- Preface
- PART I International Provision of Public Goods under a Globalized Intellectual Property Regime
- PART II Innovation and Technology Transfer in a Protectionist Environment
- PART III Sectoral Issues: Essential Medicines and Traditional Knowledge
- 15 Managing the Hydra: The Herculean Task of Ensuring Access to Essential Medicines
- 16 Theory and Implementation of Differential Pricing for Pharmaceuticals
- 17 Increasing R&D Incentives for Neglected Diseases: Lessons from the Orphan Drug Act
- Comment: Access to Essential Medicines – Promoting Human Rights Over Free Trade and Intellectual Property Claims
- 18 Legal and Economic Aspects of Traditional Knowledge
- 19 Saving the Village: Conserving Jurisprudential Diversity in the International Protection of Traditional Knowledge
- 20 Legal Perspectives on Traditional Knowledge: The Case for Intellectual Property Protection
- Comment: Traditional Knowledge, Folklore and the Case for Benign Neglect
- 21 Protecting Cultural Industries to Promote Cultural Diversity: Dilemmas for International Policymaking Posed by the Recognition of Traditional Knowledge
- PART IV Reform and Regulation Issues
- Index
Summary
While the contributors to this section of the volume were invited to assess the suitability of intellectual property rights for traditional knowledge and cultural industries, none of the other contributors specifically examines the relationship between proposed rights and industries of a cultural nature. I will suggest that it is precisely this relationship that needs to be considered and that the policy issues posed by considerations of cultural identity and cultural diversity are likely to be the most difficult ones to engage in ongoing international negotiations with respect to cultural forms, forms of property, norms of expression and the optimal range of public goods.
An anthropological view of traditional knowledge
The term “traditional knowledge” is most often used to refer to knowledge, innovations, and practices relevant to the preservation of biological diversity, pursuant to the Convention on Biological Diversity, which may include knowledge concerning agricultural and medicinal techniques as well as forms of animal and landscape management. The terms indigenous knowledge, tribal knowledge, farmers' knowledge, rural knowledge and folk knowledge are also widely used. The coupling of traditional knowledge with folklore by the World Intellectual Property Organization (WIPO) in its Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore has encouraged intellectual property scholars to use the term more loosely so as to include other forms of collectively held cultural goods.
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- International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime , pp. 599 - 614Publisher: Cambridge University PressPrint publication year: 2005
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