| Editorial |
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| Special feature |
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| Peer-reviewed
articles |
- The Protection of Traditional Knowledge
Related to Genetic Resources
Marko Berglund, pp.206-222
This work assesses some of the
ways in which TK related to genetic resources is protected. The first
part addresses the use of patents and their shortcomings in protecting
this type of knowledge. To compensate for these weaknesses, the second
section of this work argues for the inclusion of sui generis elements
into patent law. With regard to TK related to genetic resources, the
introduction of procedural safeguards into the patent application
procedure would provide an effective model of protection. The final part
of this work will address the international dimension of TK protection.
- The Protection of Expressions of
Folklore Through the Bill of Rights in South Africa
ES Nwauche, pp.223-255
This paper uses the Bill of
Rights in the Constitution of the Republic of South Africa 1996 and the
jurisprudence that has developed in the course of its application to
demonstrate that a human rights framework for the protection of
expressions of folklore is a viable, or relatively better, framework
than protection through existing intellectual property and sui generis
regimes.
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| Analysis |
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Legal
Challenges to Open Source Licences
Andrés Guadamuz González, pp.256-264
This paper will
concentrate on presenting a legal analysis of two of the main
challenges to open source software: SCO’s litigation and software
patents. The paper discusses the validity of such challenges,
their possible impact to the future of open source software, and
the possible legal defences used against them.
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Should There Be an Obligation of
Disclosure of Origin of Genetic Resources in Patent
Applications? – Learning Lessons from Developing Countries
Graeme Laurie, pp.265-272
In the lead-up to two
meetings in June 2005 which will address the question of whether
there should be an obligation of
disclosure of origin of genetic resources in patent
applications, this paper uses the on-going international policy
debate in this area as a platform both to make some specific
observations about this particular issue, and to offer some
comments on the broader question which it raises of how the
intellectual property world integrates with other legal and
ethical regimes.
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| Book Reviews |
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