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Traditional knowledge, biological resources and intellectual property rights in Asia : the example of the Philippines

Antons, Christoph 2007, Traditional knowledge, biological resources and intellectual property rights in Asia : the example of the Philippines, Forum of international development studies, vol. 34, no. 4, pp. 1-18.

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Title Traditional knowledge, biological resources and intellectual property rights in Asia : the example of the Philippines
Author(s) Antons, Christoph
Journal name Forum of international development studies
Volume number 34
Issue number 4
Start page 1
End page 18
Publisher Graduate School of International Development, Nagoya University
Place of publication Nagoya, Japan
Publication date 2007-03
ISSN 1341-3732
Keyword(s) traditional knowledge
Summary The relationship between traditional knowledge and intellectual property rights has become a topic for intensive debates at the national level, in various international settings and within and among different UN agencies, including the World Intellectual Property Organisation (WIPO), the UN Food and Agriculture Organisation (FAO), UNESCO, UNCTAD and the United Nations Environment Programme (UNEP). However, a consensus on a definition of traditional knowledge has yet to emerge due to persistent differences in perception. On the one hand, indigenous communities hold locally specific and holistic views of traditional knowledge, which are difficult to place within the framework of current intellectual property rights. Governments of developing countries, on the other hand, mostly focus on clearly defined aspects of traditional knowledge and their interpretation in the national interest and as expressions of national culture. Asian governments, in particular, have advocated the latter view. The Philippines provide an exception due to a tradition of recognising indigenous people as separate "cultural communities". However, the practical implementation of so-called "community intellectual rights" thus far is largely confined to access and benefit sharing rules, compensation requirements for traditional farmers and defensive protection measures such as digital libraries documenting traditional knowledge.
Language eng
Field of Research 189999 Law and Legal Studies not elsewhere classified
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2007, Graduate School of International Development, Nagoya University
Persistent URL http://hdl.handle.net/10536/DRO/DU:30039999

Document type: Journal Article
Collections: School of Law
Alfred Deakin Research Institute
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.