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Evolving Concepts Related to Achieving Benefit Sharing for Custodians of Traditional Knowledge

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Title: Evolving Concepts Related to Achieving Benefit Sharing for Custodians of Traditional Knowledge
Authors: Elvin-Lewis, Memory
Keywords: ethnobotany
indigenous knowledge
intellectual property rights
patents
technology transfer
show 13 morecommercialization
laws and regulations
ownership
plant variety protection
international law
medicinal plants
information management
trademarks
databases
collective knowledge
Azadirachta indica
neem seed extract
sui generis laws

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Issue Date: 2006
Publisher: University of Hawaii at Manoa
Citation: Elvin-Lewis M. 2006. Evolving concepts related to achieving benefit sharing for custodians of traditional knowledge. Ethnobotany Research & Applications 4:75-96.
Abstract: In the context of evolving intellectual property law, defining ownership of traditional knowledge can be challenging when claims of origin are conflicting and requires accepting parameters of how uniqueness is defined and patent law is applied to protect this information. For purposes of this paper, the complexities of evolving benefit sharing for custodians of traditional knowledge are discussed in relationship to the use of medicinal plants. Parameters of ownership can vary not only by the perception of individuals that lay claim to the information but also by international, regional and national laws that govern how benefits should be fairly appropriated. Examples are provided to exemplify the wide variation that presently exists in this evolving process with illustrations of how this information, novel or otherwise, can be utilized to optimize its commercial worth.
URI/DOI: http://hdl.handle.net/10125/239
ISSN: 1547-3465
Appears in Collections:2006 - Volume 4 : Ethnobotany Research and Applications



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