An International Instrument to Protect Traditional Knowledge: Is Perpetual Protection a Good Idea?
IDEA: The Journal of Law and Technology, Vol. 50, No. 4, 2010
Florida International University Legal Studies Research Paper No. 13-08
26 Pages Posted: 4 Mar 2010 Last revised: 26 Feb 2014
Date Written: June 2013
Abstract
The World Intellectual Property Organization has been tasked with creating an international legal instrument to protect traditional knowledge. One of the more contentious issues in the traditional knowledge debate is the term of protection. This paper uses an “instrumentalist” approach to assess the benefit of a perpetual traditional knowledge right for developing countries and indigenous peoples.
Keywords: intellectual property, traditional knowledge, TRIPs, developing countries, WIPO, patents, copyright, term of protection, limitations, international intellectual property system, international intellectual property law
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