Intellectual Property Traditional Knowledge And Traditional Cultural Expressions Folklore A Guide For Countries In Transition

..This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

This Guide intends to provide information for policy-makers, heads of intellectual property (IP) offices, and other decision-makers in countries in transition, on issues they need to consider before putting a legal framework in place. It aims to raise awareness of existing methods for the legal protection of traditional knowledge and traditional cultural expressions, as well as to improve understanding of the interrelations, at international, regional and national levels, between the IP system, on the one hand, and traditional knowledge/traditional cultural expressions and their implications for economic, social, cultural and technical development, on the other hand.

This book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.

The field of intellectual property has broadened and deepened in so many ways, and at such pace, that there is a tendency for academic commentators to focus on the next new thing, or to react immediately to judicial developments, rather than to reflect more deeply on the greater themes of the discipline. The Kritika: Essays on Intellectual Property series is a series of books that are designed to fulfill this role by creating a forum for essays that take a critical, long-term approach to the field of intellectual property. Breaking down the barriers of specialization, and laying the foundation for an emergent critical scholarship, this first book in the series brings together the leading scholars in the field to reflect deeply on the current state and future of their discipline.

General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

About the publication I am delighted to present to you, the reader, the fifteenth edition of the Pretoria Student Law Review (PSLR) with its Special Section on ‘Social Justice and COVID-19’. This year’s Annual Edition, together with the developments made during the year, is a testament to the growth, resilience, and adaptability of this student-driven initiative especially during these turbulent times. This year has also been one of reflection and remembrance as we publish this edition in tribute to the late Professor Christof Heyns whose instrumentality in the establishment of the Pretoria University Law Press (PULP) has brought us to where we are today. Fourteen years since its inception and the PSLR still continues to grow and evolve whilst remaining true to its thriving legacy in fostering excellence and innovation through legal writing. This publication’s uniqueness is also presented through its diverse contributions all addressing contemporary societal and legal issues under a broad range of legal disciplines. In an era of many continued ‘firsts’, the PSLR has strived to build on the legacy of its predecessors by expanding on the Journal’s visibility and accessibility. The PSLR’s digital presence has now grown substantially leading to an increase in quality submissions from institutions across the country. This year, the PSLR launched its first independent website and developed an official logo for the Journal and its online platforms. Authors are now able to submit their papers through the Open Journals System platform, track their workflow, manage their submissions, and submit at any time outside of the PSLR’s official call for submissions. We can firmly submit that we have, in pursuance of being a DHET accredited journal, fulfilled the standards set out by the Department of Higher Education and Training. Many thanks are extended to Makone Maja for developing the website. Your patience, guidance, and geniality are truly appreciated. Thank you also to Jakolien Strydom and ClickCreate for your charitable assistance in developing and designing the logo. To the authors, this year has, in many respects, been challenging with many of those challenges affecting students directly. We appreciate the dedicated efforts put into your submissions and your wholehearted cooperation throughout the entire process. Much appreciation is also extended to the reviewers who have selflessly committed to assisting the PSLR during the peer-review process. To all of the reviewers, your input, guidance, and recommendations are greatly appreciated. Phenyo Nomasonto Morwesi Sekati Editor-in-Chief 2020

This book critically analyses the relationships between intangible cultural heritage (ICH), sustainable development and intellectual property rights (IPRs). The author argues that although the use of IPRs to safeguard ICH presents challenges and has impeded sustainable development in some cases, the adoption of these rights on ICH also presents opportunities and, fundamentally, is not contrary to the spirit of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (UNESCO 2003 Convention). The adoption of IPRs on ICH can form an important part of the development of sustainable safeguarding plans capable of benefitting the communities, groups and individuals (CGIs) that create, maintain and transmit such heritage. The book provides a nuanced analysis of the relationship between intellectual property (IP) law and ICH as well as examining the role of IPRs in safeguarding ICH through the lens of sustainable development. It analyses the relationship between IP law and ICH from environmental, social and economic perspectives. These perspectives allow a thorough evaluation of both the positive effects and potential pitfalls of adopting IPRs to safeguard ICH. The book addresses deeper structural matters that refer back to the safeguarding of social and environmental processes underlying ICH.