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Protecting Traditional Knowledge

Lessons from Global Case Studies Evana Wright, University of Technology Sydney, Australia
Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.
Extent: c 296 pp
Hardback Price: $135.00 Web: $121.50
Publication Date: March 2020
ISBN: 978 1 78897 884 2
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  • eISBN: 978 1 78897 885 9

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Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.

Drawing on the experience of India and Peru, the author identifies lessons that may be used by Indigenous and local communities in making decisions regarding the protection of traditional knowledge. Using these two key case studies, the book argues that a sui generis regime based on principles of self-determination, prior informed consent and mutually agreed terms may empower Indigenous and local communities and act as a form of corrective justice.

This informative and accessible book will be a valuable resource for Indigenous and local peoples as well as scholars of intellectual property law, Indigenous knowledge systems and international environmental law. It will also be of interest to readers working in policy development, governance, law and international development, human rights and the rights of Indigenous and local communities.
‘This book carefully presents features of the systems for the protection of traditional knowledge that are found in two key developing countries. The author skillfully frames those features as lessons for those designing frameworks for the protection of traditional knowledge in other places. The book provides a commendable level of detail making it useful and accessible for both researchers and policymakers around the globe.’
– Susy Frankel, FRSNZ, Victoria University of Wellington, New Zealand

‘The value of this excellent book is that it goes beyond merely critiquing the main approaches proposed, which it does very convincingly, by examining two of the most established legal frameworks: those of Peru and India. Viewing national legal systems as pluralist and guided by the right to self-determination, she then applies her findings to Australia. The book is an enjoyable and illuminating read which should invigorate a rather tired debate.’
– Graham Dutfield, University of Leeds, UK

‘In this outstanding book, Evana Wright carefully choreographs sample national experiences across strategically selected countries. Her findings are prudently presented as rich policy pathways and lessons for nations, regions, and policy makers with interest in the protection of traditional knowledge of the world’s Indigenous Peoples and Local Communities.’
– Chidi Oguamanam, University of Ottawa, Canada
Contents: 1. Traditional Knowledge: Why and how should we protect it? 2. Biopiracy: Shared history, different approaches 3. Institutions and funds 4. Access and benefit sharing 5. Databases and registers 6. Lessons from case studies References/Bibliography Index