ch. 1. Who visits communities, what are they seeking, and why? -- ch. 2. What happens to traditional knowledge and resources? -- ch. 3. Who benefits from traditional resources? -- ch. 4. Will the community be informed? -- ch. 5. What right do communities have to say "yes" or "no" to commercialization? -- ch. 6. How can a community take legal action? -- ch. 7. What are contracts and covenants? -- ch. 8. Are intellectual property rights useful? -- ch. 10. Are legally binding international agreements useful? -- ch. 11. How can communities use "soft law" and nonbinding international agreements? -- ch. 12. Are nongovernmental, nonlegal instruments useful? -- ch. 13. Why are funds and funding guidelines important? -- ch. 14. What creative strategies and unique solutions have been developed? -- ch. 15. Toward protection, compensation, and community development
Summary
The concept of traditional resource rights (TRR) reflects the necessity of rethinking the limited and limiting concept of intellectual property rights (IPR). The TRR concept can accommodate a wide range of relevant international agreements as a basis for a sui-generis system of protection for indigenous peoples and their intellectual, natural, and technological resources. This book introduces the TRR concept in a manner organised around a series of questions that might emerge in a community when a visitor arrives to collect information or cultural or biogenetic materials. Each chapter begins with a summary of the main issues it addresses and ends with options and suggested actions. Issues discussed include who benefits from traditional resources, the rights of communities to approve or resist commercialisation, types of potential legal action, the applicability of traditional IPR, development of community systems for protecting TRR, the use of binding or non-binding international agreements, and TRR funding. Examples are included of creative strategies and unique solutions that indigenous communities have developed for protecting and benefiting from TRR
Analysis
Cultural property Protection Law and legislation
Ethnoscience
Indigenous peoples Legal status, laws, etc
Intellectual property
Bibliography
Includes bibliographical references and index
Notes
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English
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