دانلود کتاب International Law and Indigenous Knowledge: Intellectual Property, Plant Biodiversity, and Traditional Medicine

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Contents
Preface
Acknowledgments
Abbreviations
1 General Introduction and Overview
Knowledge: The New Frontier of the Indigenous Question
Intellectual Property and the Search for Equity
Traditional Knowledge of Plant-Based Therapy and the Socio-Cultural Imperative
Traditional and Western Scientific Knowledge Systems
Science as a Site of Contest
Indigenous/Traditional Knowledge
Traditional Knowledge of Plant-Based Therapy
Applicability of Intellectual Property Rights to Traditional Knowledge
Overview
2 Conceptual Perspectives on Biodiversity, Traditional Knowledge, Intellectual Property, and the Protection of Indigenous Peoples in International Law
Biodiversity
Defining and Understanding the Concept
The Essence of Plant Biodiversity
Bioresources: Global ‘Assets’ in Southern Borders
Biodiversity in Crisis
The Diversity of Biodiversity Benefits
Biodiversity: Two Concepts of Values
Traditional/Indigenous Knowledge Systems
Colonialism and Epistemic Conflict
Therapeutic Uses of Plants: A Glimpse of Indigenous Epistemic Holism
Indigenous Knowledge as Marginalized Knowledge
Intellectual Property Rights
The Concept of Intellectual Property
International Law Relating to Indigenous Peoples
The Indigenous Question in International Law: A Historical Perspective
Indigenous Activism
State Practice: Sanctioning Indigenous Claims
International Law on Indigenous Peoples: Publicists’ Perspectives
3 International Law and Traditional Knowledge of Plant-Based Therapy
Indigenous Knowledge as Part of International Law on Indigenous Peoples
General Conceptual Analysis
Indigenous Knowledge in the Fourth and Third Worlds
Indigenous Knowledge under the United Nations Framework
Indigenous Knowledge under the ILO Convention No. 169 (1989)
The Rio Declaration and Agenda 21
Indigenous Knowledge and the Convention on Biological Diversity
The United Nations Draft Declaration on the Rights of Indigenous Peoples
United Nations Bodies: WIPO, UNESCO, and UNDP
Draft Principles and Guidelines on Indigenous Heritage
OAS Draft Declaration on the Rights of Indigenous Peoples
Other Initiatives
Regional Trends
The Protection of Traditional Therapeutic Knowledge
Traditional Therapy under the ILO Convention No. 169 (1989)
Traditional Therapy under the United Nations Draft Declaration
Traditional Therapy under the OAS Draft Declaration
Traditional Therapeutic Knowledge under the WHO
WHO Policy on Traditional Medicine
State Practice and Traditional Medicine
Industrialized Countries
Developing Countries
Perspective on the Worldwide Status of Traditional Medicine
The WHO and Traditional Medicine: Of Timidity and Scientific Hegemony
Summary
4 The Sociocultural Context of Traditional Knowledge of Plant-Based Therapy
Traditional Therapy and Western Biomedicine: The Paradigmatic Divergence
Between the Biomedical and the Psychosocial
Theories of Illness
The Central Role of Plants in Traditional Therapy
Plant Therapy: Some Biblical Insight
Plants under Unani Medical Tradition
Plant Medicine in Ayurveda
Plants in Traditional Chinese Medicine
Plant Medicine in Native American Therapeutic Traditions
Plant Medicine in Humoral Therapy in Latin America
Plants in African Therapeutic Systems
Summary
Traditional Therapeutic Systems: Beyond Active Substances
The Social Position of Traditional Healers
Power and Environment: The Healer and the Sick
Two Kinds of Therapeutic Environment
The Performance of Healing
Words as Performance
Transcendental Dimension
Multivalence of Traditional Therapeutic Methods
The Scientific Question and Situational Logic
Summary
5 Intellectual Property Rights and Traditional Knowledge of Plant-Based Therapy: The Filtration of Indigenous Knowledge
Intellectual Property Rights in the Context of Traditional Medicine
Intellectual Property Rights and Traditional Medicine in Key Instruments
Intellectual Property Rights and Traditional Medicine under the WHO and the WIPO
Intellectual Property Rights and Traditional (Medicinal) Knowledge: The Demand of Indigenous Non-Governmental Organizations
The Intellectual Property Debate
Conceptual Objections
The Communality Argument
Legal Personality
The Public Domain / Common Heritage Argument
Other Considerations of a Practical Nature
Patents and Traditional Knowledge of Plant-Based Therapy: Investigating the Trade-offs
The Nature of Patents
Plants as Patentable Subject Matter
Tests of Patentability and Products of Nature Rhetoric
The Case for Patentability of TKPT
Patentability of TKPT: The Epistemic Cul-de-sac
Biopiracy Patents: Beyond Economic Considerations
Beyond Patenting: Folkloric Protection for TKPT
Intellectual Property at the Periphery: Geographical Indications
Patenting TKPT: Some Reflections
On Self-Determination
On Medical Pluralism
6 Toward a Cross-cultural Dialogue on Intellectual Property Rights
Appraising the Discussion
Indigenous Knowledge: Economic Reward versus Cultural Integrity
Access Regimes
Article 8(j): Beyond Access to Cultural Integrity
Indigenous Knowledge: Legal Empowerment from Within
The CBD and WIPO: Embracing the Cross-cultural Dialogue
The COP and Ad Hoc Working Group on Article 8(j)
The WIPO’s GIPI Program and the Inter-governmental Committee
Knowledge Protection outside the Regime of Conventional Intellectual Property Rights
The Cross-cultural Approach as a Framework
Notes
Bibliography
Index
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