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Blakeney, Michael --- "The negotiations in WIPO for international conventions on traditional knowledge and traditional cultural expressions" [2016] ELECD 995; in Lai, C. Jessica; Maget Dominicé, Antoinette (eds), "Intellectual Property and Access to Im/material Goods" (Edward Elgar Publishing, 2016) 227

Book Title: Intellectual Property and Access to Im/material Goods

Editor(s): Lai, C. Jessica; Maget Dominicé, Antoinette

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784716615

Section: Chapter 9

Section Title: The negotiations in WIPO for international conventions on traditional knowledge and traditional cultural expressions

Author(s): Blakeney, Michael

Number of pages: 30

Abstract/Description:

This chapter looks at the agitation surrounding the commodification of the knowledge and cultural expressions of traditional and indigenous peoples. One of the difficulties in fitting traditional knowledge and cultural expressions into the intellectual property paradigm is that traditional peoples do not distinguish between the tangible and intangible, but take a holistic view in which these concepts are merged, as is the past with the future. This has generated the argument that some other form of law might be more appropriate for its protection. These conceptual difficulties for intellectual property lawyers explains, in part, the tortured negotiations within WIPO’s Intergovernmental Committee (IGC) since its creation in 2000 concerning the formulation of international conventions to protect traditional knowledge and cultural expressions


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