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Lex et Scientia , 2009,
Abstract: This paper outlines several important changes in our economic model brought about by the emergence of the knowledge economy. Until now, property rights have acquired a solid track record for being the most reliable and efficient societal device for coping with economic uncertainty. In the industrial age, property rights have made the separation between ownership and control tenable and have generated the now ubiquitous archetype of economic organization represented by the public corporation. In the knowledge economy, the most important factor of production is human capital, meaning that the importance of property rights is greatly diminished, as one cannot separate ownership from control without interfering with the right of self ownership.
Gunmala SURI,Puja Chhabra SHARMA
Scientific Annals of the Alexandru Ioan Cuza University of Iasi : Economic Sciences Series , 2008,
Abstract: The patents and intellectual property rights (IPRs) associated with the development of new crops and other products are often critical to trade. Yet there is no unified international framework for a fair IPR regime in genetic resources. At this multi-faceted interface, complex ethical questions arise. This article provides an overview and discussion of key issues, dilemmas and challenges. It points to possible modifications and at ways to devise new forms of intellectual property ownership that may better suit the needs of those who seek to protect traditional medicine. It sets out to establish an equitable IPR regime for biodiversity taking into account: environmental and social impacts; technology transfer; and the relation between traditional knowledge and IPRs.
Indigenous traditional knowledge protection:prospects in South Africa’s intellectual property framework?  [cached]
Charles A. Masango
South African Journal of Libraries and Information Science , 2010, DOI: 10.7553/76-1-88
Abstract: This article examines indigenous traditional knowledge and intellectual property rights. It examines whether it is possible for South Africa’s intellectual property framework to protect all types of indigenous traditional knowledge against exploitation since financial considerations are the basis for the protection of indigenous traditional knowledge. The rationale for the examination stems from a draft policy and bill for public comment published by the South African Minister of Trade and Industry on ‘policy framework for the protection of indigenous traditional knowledge through the intellectual property system and the intellectual property laws amendment bill, 2008’. The article attempts to propose elements within indigenous traditional knowledge that may and may not possibly be protected against exploitation within intellectual property rights. Finally, the article attempts to propose possible measures that could be implemented for indigenous traditional knowledge to be protected within South Africa’s intellectual property framework.
Synergy of Intellectual Property and Traditional Knowledge: Holy Grail for Protection and Sustainable Future
Dipak B. Shuklasine qua non
The Open Conference Proceedings Journal , 2010, DOI: 10.2174/2210289201001010150]
Abstract: The symbiosis of Intellectual Property Rights (IPR) and Traditional Knowledge (TK) has become indispensable for its creators and for the world’s intellectual community at large. Evidently, the need for preservation, protection and promotion of TK has become inevitable for self-sustenance, economic prosperity of knowledge holders and competitive business advantage. Obviously, the promotion of TK is now widely recognized and it plays an eminent role in supporting TK-based community’s livelihood and cultures. The exponential growth of TK has galvanized new forms of IP protection, especially for traditional medicine (TM). The traditional healthcare problems, complexities linked to IP in TK, and community knowledge are posing a gargantuan challenge to sustainable development, intellectual and cultural vitality. This paper stresses on the scope of TK, the avenues to protect it under the existing IPR regime. It incisively highlights the challenges faced by TK holders and the subsequent need for its protective regulation. The paper enunciates the Traditional Knowledge Digital Library (TKDL) as a versatile global regulatory device to obviate the usurpation of documented knowledge. It imparts the vital prerequisites for TKDL and delineates the crucial role it plays, in preserving prized heritage and acceleration of modern research on Ayurveda. The synergy of IPR and TK continues to be nebulous but empirical evidence suggests the rationale for protecting TK within the IPR ambit. The sine qua non of TK protection is to tackle the major concerns like equity, conservation, preservation of traditional culture, bio-piracy, promotion and evolution of TK. The cardinal focus here is the urgent need for international coordination and cooperation to efficaciously safeguard and leverage TK. Any protective strategy should take into account the ethnic community and the attendant global dimensions. The bottom-line is that such a protection should be effectual, comprehensible and accessible to TK holders. Interfacing IPRs with TK rights will only pave the way for TK protection, knowledge enrichments on TM, wellarticulated human resources creation and nourishment of TK culture.
Some Tax Implications of Traditional Knowledge Under Conventional Intellectual Property
T Gutuza
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad , 2010,
Abstract: The proposed incorporation of traditional intellectual property into the definition of copyright, trade-marks and designs as defined in the Copyright Act 98 of 1978, the Trade Marks Act 94 of 1993 and the Designs Act 195 of 1993 may affect the income tax liability of parties where traditional knowledge is the object of such a transaction. The aim of this contribution is to consider the potential income tax consequences of this incorporation for those receiving income and incurring expenditure in relation to the use or disposal of traditional knowledge.
Some tax implications of traditional knowledge under conventional intellectual property
T Gutuza
Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad , 2010,
Abstract: The proposed incorporation of traditional intellectual property into the definition of copyright, trade-marks and designs as defined in the Copyright Act,1 the Trade Marks Act2 and the Designs Act3 may affect the income tax liability of parties where traditional knowledge is the object of such a transaction. The aim of this contribution is to consider the potential income tax consequences of this incorporation for those receiving income and incurring expenditure in relation to the use or disposal of traditional knowledge. List of keywords: Deductions, expenses, exempt income, gross income, income, person, tax consequences, tax liability.
The Protection of Indigenous Traditional Knowledge through the Intellectual Property System and the 2008 South African Intellectual Property Law Amendment Bill  [cached]
Amos Saurombe
Journal of International Commercial Law and Technology , 2009,
Abstract: The discussion of Traditional Knowledge as a subject of intellectual property protection continues to take centre stage at different fora. It is particularly relevant for developing and least developing countries whose Traditional Knowledge mechanisms continue to be exploited without accruing any benefits. The situation in South Africa is not different. The South African Department of Trade and Industry (Dti) is spearheading efforts to create a legal framework that seeks to protect and promote Traditional Knowledge using existing intellectual property law mechanisms. Through this Bill, South Africa is seeking to protect Traditional Knowledge beyond the area of patents. The challenge for the Bill is to cover all aspects of Traditional Knowledge. This has already proven to be difficult as indicated by the outcomes of one of the consultation workshops with various stakeholders (University professionals and indigenous communities). Furthermore the Bill will have to be mindful of the manifestations of intellectual property at regional (SADC, SACU and AU) as well as the international position (WIPO, TRIPS and WTO). This paper seeks to measure the extent to which the Bill will protect Traditional Knowledge and the possibility of its use as a model for the region and the developing world.
"Interventions for Promoting Research Knowledge Translation: Intellectual Property Rights of Stakeholders for Promotion of Knowledge Translation"
Katayoun Maleki,Sharareh Ahghari,Reza Majdzadeh
Iranian Journal of Medical Hypotheses & Ideas , 2009,
Abstract: "nOne of the vital aspects of transferring research results is intellectual property of information. The key point in intellectual property is lack of use or misuse of research results. At times the urgent or early transfer of research results is necessary, and at times it is not possible prior to peer review. Since there were no specific rules in this field in the country, one of the innovations suggested for strengthening knowledge translation was compilation of an ethical code for research to promote knowledge translation by safekeeping stakeholders' intellectual property rights."nThe current status of knowledge translation in the university has been evaluated by the research team. Among the most important issues of disseminating research results prior to publication is the prerequisite of peer review. Dissemination of research results is also dependant on the contract made on intellectual property rights, the type of data, and the urgency of their early publication. The final draft is a figure that has been illustrated in the full text. After compilation and implementation of the ethical code in the country's research system, in addition to re-evaluating the knowledge translation status of the university, the role of this specific innovation should also be assessed in bringing about any change in this status."nIn Iran the medical universities provide resources for research. We therefore suggest two recommendations under the current circumstances: to promulgate the use of the mentioned ethical code, and to add a clause to the university's research contracts in which the university will have the right to disseminate research results in the target audiences' language if they are beneficial to the community and scientifically valid.
Traditional Knowledge and the International Context for Protection
Johanna Gibson
SCRIPT-ed , 2004,
Abstract: This paper traces the relationship between traditional knowledge and biodiversity and examines the current discussions towards achieving such protection through the international intellectual property system. This paper will concentrate on the particular cultural and legal problems associated with the protection of indigenous intellectual property, specifically in terms of medicinal and agricultural knowledge and the impact of the Trade Related Aspects of Intellectual Property Rights Agreement and the Convention on Biological Diversity. The apparently conflicting relationship between these two international instruments will be addressed. In reviewing attempts to acknowledge the role of indigenous and traditional communities in the management and sustainable development of biological resources, this paper argues for authority and capacity with respect to resources to vest in the community. This is maintained in recognition of the significance of this relationship of community to its resources, to the facilitation of community development through appropriate assurance of traditional resource relationships, within an international legal system of obligations towards biological and cultural diversity.
Intellectual Property Rights and International Free Trade —New Jurisprudence of International Exhaustion Doctrine under Traditional Legal System  [cached]
Chung-Lun Shen
Journal of International Commercial Law and Technology , 2012,
Abstract: The interaction between the exhaustion of intellectual property rights and the parallel importation has been being one of the most controversial issues under international intellectual property laws. Consequently, the main purposes of this article is to assure that intellectual property law—in particular, the exhaustion doctrine—is best fit to deal with the issue of the conflict between intellectual property rights and international free trade. Meanwhile, this article is also to determine that the international exhaustion doctrine is the optimal legal model for the harmonization goal through examining the theoretical arguments and observing legal experience in the global community.
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