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The Protection of Traditional Knowledge on Genetic Resources

Frantzeska Papadopoulou, Law Faculty, Stockholm University, Sweden
Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focussing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.
Extent: c 368 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: April 2018
ISBN: 978 1 78643 742 6
Availability: Not yet published
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  • eISBN: 978 1 78643 743 3

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  • Law - Academic
  • Intellectual Property Law
  • Law and Development
Traditional knowledge protection methods are becoming increasingly out-dated in the face of modern challenges. Focussing on the protection of traditional knowledge and related genetic resources, this book is the first of its kind to amalgamate a novel theoretical framework with the practical applications of the combined theories of Rawls and Coase.

The Protection of Traditional Knowledge on Genetic Resources analyses various means of protection for traditional knowledge that cohere with Rawls’ and Coase’s specific objectives regarding fairness and efficiency. It utilises flexibilities provided by binding international conventions in the field in order to propose alternative methods to protect different forms of traditional knowledge. Frantzeska Papadopoulou reaches the conclusion that property, liability and reward systems are forms of protection that fulfil the fairness and efficiency criteria whilst remaining compliant with the general international legal framework.

This book is ideal for international property law and development academics and policy makers, especially those working on international property rights (IPRs), as it proposes a novel methodological framework for the evaluation of IPRs.
‘Few areas of international law pose such diverse and complex issues as TKGR. This rich book not only reflects the multifaceted nature of the issues in the border area between the CBD, TRIPS and time honored principles and customs of law. It also offers a stunning view of past and present legislative attempts and develops a comprehensive legal and theoretical framework, which combines notions of fairness with principles of efficiency. The book is a must read for all working and thinking in the area.’
– Jens Schovsbo, University of Copenhagen, Denmark

‘This contribution to the international debate on the protection of Traditional Knowledge and Genetic Resources (TKGR) represents an important new step and is a revelation. The book conveys both emotional and scientific insight and is a sensible call for rethinking and unleashing an area that has tended to be stuck between traditional thinking and political compromises. Frantzeska Papadopoulou’s work provides a scientific foundation for looking at the TKGR world, and its values, with new eyes. Read it and get inspired!’
– Marianne Levin, Stockholm University, Sweden
Contents: 1. When Arrows From the Jungle Aim to the Heart of the Modern Intellectual Property Rights (IPRs) 2. Towards a Horizontal and Vertical Institutionalisation of TKGR Trade 3. TKGR Protection: Major Implementation Lines 4. Contractual Accommodation of Rights to TKGR 5. To Protect or Not to Protect 6. Where Traditional Knowledge Meets Modern IPRS References Index