Johanna Gibson

Community resources : intellectual property, international trade and the protection of traditional knowledge

Contents: Introduction: Community resources: coming to terms Community, resources, resilience The grand plan - intellectual property and the interpretation of knowledge Intellectual property and other objects of protection Intellectual property, international trade, international rights? The tragedy of the commons The cultural diversity in biodiversity All over the place - land and the yarding of culture Determining knowledge - human rights and community resources Community, before the law Conclusion: community, once and for all Resources Index.

Intellectual Property, Medicine and Health : Current Debates

Contents: Introduction Part I Health: The life of health The health of intellectual property. Part II Rights: The human right to health Health, development, culture Patent morality. Part III Life: The technology of life Lifes libraries. Part IV Access: Access and trust Use Conclusion Selected bibliography Index

Let me tell you a story … intellectual property, character, narration*

Intellectual property is that area of law most closely preoccupied with a society’s cultural output and creative self, in that it is that system which identifies the ‘author’, protects the cultural materials produced by the creator, and allows for commercialisation of those materials within the increasingly significant knowledge economy. In this way, the intellectual property system narrates society and suggests its cultural progress, legitimating certain materials emanating from that society ‐ sufficiently original, sufficiently inventive, sufficiently distinctive, sufficiently new. What is the role of intellectual property in authenticating our society and what existence is there for materials produced and understood outside the framework of patents, copyright, trade marks and designs and the like? Is there a world outside the world view of copyright? This paper will illustrate the performance of intellectual property through a series of events and identities, and the building of creative communities through narration.

COMMUNITY IN RESOURCES, TRADITION IN KNOWLEDGE

Traditional and indigenous knowledge challenges conventional frameworks governing individual creative and innovative output and governance. This chapter considers the concept of the community as an effective form of local autonomy for individuals in a global civil society. It examines the means by which a community might be conceptualised as a legal actor with respect to the global civil value of (intellectual) property in the management of traditional knowledge and resources.

Self-Preservation is the First Law of Nature: Conserving the Cultural Diversity in India's Biological Resources

This paper calls for a formal understanding of the integration of cultural and scientific/medicinal practice in customary law, and therefore the mutualism in the relationship between cultural diversity and biodiversity, as distinct from the very separate spheres of artistic expression and scientific or legal discipline in Western law. The need for international consistency not necessarily in the body of customary law, but rather in the obligation to recognise local customary values and governance, is paramount.

Trading Places with Communities: Toward the Protection of Traditional Knowledge in the Context of International Trade and Global Markets

In the context of intellectual property rights and international trade, the protection of traditional resources and knowledge remains uncertain. This paper considers the challenges to the traditional autonomy of the nation‐state in the context of globalisation and liberalisation of trade, and examines the potential for the protection and conservation of traditional resources in the international context of biodiversity and national borders of intellelctual property, drawing upon the Australian example. In addressing the need for relevant protection of traditional knowledge, this paper addresses the efficacy of modern notions of community beyond the geographic, localised model and towards diversity within a global civil society of obligations.