Developments in intellectual property and traditional knowledge protection

Author/s: Jane Anderson

Edition: Volume 49, Number 2, July 2009

Summary: In order to protect indigenous/traditional knowledge, intellectual property law must be leveraged in a way that is responsive to the dynamic inter-relationships between law, society and culture. Over the last decade, increased attention to Indigenous concerns has produced a wealth of literature and prompted recognition of the diverse needs of Indigenous peoples in relation to law, legal access and knowledge protection. There is much more that needs to be done, especially in closely considering what the consequences of legal protection are for the ways in which traditional/indigenous culture is understood and experienced by Indigenous communities and others. This paper considers the latest developments within this field and discusses what possibilities for further legal action exist within both international and local contexts.

Keywords: Indigenous, traditional knowledge, intellectual property law, society, culture

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This article is part of AJAL, Volume 49_2. The entire volume is available in .pdf for purchase here.