We found a match
Your institution may have rights to this item. Sign in to continue.
- Title
STRUGGLING AROUND THE "NATURAL" DIVIDE: THE PROTECTION OF TANGIBLE AND INTANGIBLE INDIGENOUS PROPERTY.
- Authors
Arezzo, Emanuela
- Abstract
The article presents an analysis on misappropriation of genetic resources and traditional knowledge (TK) that belong to the native people by the corporations of Developed Countries. Biased agreements are inferred to be a result of unequal bargaining strength of the parties, in which the natives are being compensated for the use of their tangible resources instead of the TK. Such problem is believed to be insufficient to deal with due to inadequacy of the rules being set in a negotiation among outside World Trade Organization (WTO). Compulsory disclosure is suggested due to inability of the natives to review patent applications and grant patents for stolen properties. However, such proposal is believed to hinder stability and certainty of patent law affecting economic progress.
- Subjects
GERMPLASM; NATURAL resources; INTANGIBLE property; INDIGENOUS peoples; ETHNIC groups; TRADITIONAL knowledge; DEVELOPED countries; SOCIAL systems; PATENT law; PATENTS
- Publication
Cardozo Arts & Entertainment Law Journal, 2007, Vol 25, Issue 1, p367
- ISSN
0736-7694
- Publication type
Article